MOMBASA,Kenya, June 4 – A Mombasa court has found businessman Maur Abdalla Bwanamaka guilty of undervaluing imported consignments of rice and scrap metal.
In the ruling by Mombasa chief magistrate Edna Nyaloti, Bwanamaka has been directed to pay outstanding taxes amounting to Sh9,654,163 to the Kenya Revenue Authority (KRA), and a fine of $5,000 or face 1 year imprisonment.
Two of his accomplices Ali Mohamed Ahmed, a shipping agent, and a foreign shipmaster of the MV Al Fazal which conveyed the goods to the country, Abdulla Husen Mer,were handed a fine of US $5000, and US$ 10,000 respectively or be jailed for 1 year.
The case has been in the corridors of justice for close to 2 years following applications and counter applications by the defendants.
Magistrate Nyaloti however found the evidence in the case to be,“overwhelming” as she further directed the owner of the MV Al Fazal to appear in Court and explain why the vessel should not be forfeited to the Kenyan government.
“The under declaration of the Cargo that MV AL Fazal ferried from Zanzibar to Kilindini port is very glaring. I am satisfied that the prosecution has proved its case against the accused persons beyond a reasonable doubt.” said Magistrate Nyaloti.
“I find the accused persons guilty of the offence of making a false report contrary to section 24(6)(b) as read with section 209 of EACCMA and they are convicted. I am also satisfied that the prosecution proved count 2 against the fifth accused and he is convicted for the offence of conveying imported goods contrary to section 199(b)((I) of EACCMA,’”
The total bags of rice in the consignment was 15,045 while the declared bags of rice was 1000.The declared scrap metal was 10 tonnes while the actual scrap metal was 16 tons.
In the first count,the accused, Maur Abdallah Bwanamaka, federal commercial investments limited, Ali mohammed ahmed ,and captain shipping agency limited were charged that on the 28th day of October 2019 at Old Port and Kilindini Ship Boarding office within Mombasa County being directors of Limited companies and limited companies respectively; unlawfully made a false report, namely Transire, in relation to cargo aboard MV Al Fazal Registration number Z 1438 to wit; 1000 bags of 25kg rice and 10 tonnes of scrap metal instead of 15,045 bags of 25kgs rice and 16tonnes of scrap metal all valued at Kshs. 22,532,619/- with a tax implication of Sh13,142,066.
The second count stated that , Abdulla husen mer the 28th day of October 2019 at Kilindini Ship Boarding Office within Mombasa County, being the Master of a Marine Motor Vessel namely MV Al Fazal registration number Z 1348 was found to be conveying Rice and Scrap metal which had been under declared vide Transire No. OCV-KLD-075-2019 in contravention of the East African Community Customs Management Act to wit; 1000 bags of 25kg rice and 10 tonnes of scrap metal instead of 15, 045 bags of 25kgs rice and 16 tonnes of scrap metal all valued at Sh22,532,619 with a tax implication of Sh13,142,066.
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