A Kakamega High Court has ruled for the continued detention of a truck seized by customs officials in connection with the transportation of contraband cigarettes. The judgment, delivered by Justice Alice Bett, overturned a previous order by Chief Magistrate Julius Ng’arng’ar that had allowed the release of the vehicle. This decision underscores the seriousness with which authorities are addressing cases involving illicit trade and tax evasion.
The truck was intercepted on October 15, 2023, at a residential house in Kakamega. It was found offloading 350 cartons of contraband cigarettes branded Supermatch and labeled “for export.” The illicit cargo, cleverly concealed with wheat bran, amounted to a tax implication of Ksh 26.25 million.
The truck driver, Shadrack Kogo, was unable to provide documentation regarding the consignment’s origin or evidence of duty payment. This led the Kenya Revenue Authority (KRA) to seize the truck and its cargo. Investigations revealed that the cigarettes were uncustomed, prompting the filing of charges against Kogo in March 2024 for violating Section 199(b) of the East Africa Community Customs Management Act. He denied the charges and was released on a Ksh 500,000 bond.
Legal Battle Over the Truck’s Release
While the case progressed, the truck’s owner, Geoffrey Cheruiyot BorBor, sought to reclaim the vehicle, assuring the court that it would be made available as needed during trial. Chief Magistrate Ng’arng’ar initially granted the application, ordering the release of the truck. However, the KRA and the Office of the Director of Public Prosecutions (ODPP) promptly moved to the High Court to challenge the decision.
KRA argued that the truck was an integral part of the offense and should remain detained as an exhibit until the conclusion of the case. The authority further emphasized that both the truck and the cigarettes were subject to forfeiture under the law. Additionally, KRA contended that releasing the truck could compromise the chain of custody, a critical factor in ensuring justice.
Although BorBor had not been directly charged with any offense, the High Court highlighted the importance of preserving evidence in cases involving contraband goods. Justice Bett stated that the trial court had erred in ordering the truck’s release, given its significance as an exhibit.
“The truck in question was used to facilitate the commission of an offense and is, therefore, evidence in the ongoing case,” ruled Justice Bett. She emphasized that the vehicle could only be released once it was formally presented in court as evidence.
The Broader Context of Illicit Trade
The case sheds light on the pervasive issue of contraband trade in Kenya, which poses a significant threat to the country’s economy. The smuggling of goods such as cigarettes undermines tax compliance, depriving the government of much-needed revenue. It also fosters an uneven playing field for legitimate businesses.
KRA has intensified its crackdown on illicit trade, leveraging technology and intelligence to track and intercept contraband goods. The seizure of the truck in Kakamega is part of this broader effort to curb tax evasion and uphold the rule of law.
Preserving Justice
The High Court’s ruling serves as a reminder of the legal principle that evidence must be preserved to ensure a fair trial. While the truck’s owner has the right to be presumed innocent until proven guilty, the state has a duty to maintain the integrity of the judicial process.
As the prosecution of Kogo continues, the detention of the truck underscores the balance between protecting individual rights and ensuring justice. The case is expected to set a precedent in how courts handle evidence in contraband-related offenses, reinforcing Kenya’s commitment to tackling illicit trade.
