MOMBASA, Kenya—The Kenya Revenue Authority (KRA) has defended a new requirement for export documentation on imported goods as clearing agents in Mombasa demand the release of cargo they say is being held at the Port of Mombasa and Container Freight Stations.
The agents say the requirement, which took effect on September 1, has caused delays and increased costs for importers, particularly for motor vehicles and cargo destined for the Kenyan market.
They are calling for the immediate release of consignments that had already been shipped before the new requirement came into effect and want KRA to issue formal written guidance on how the rule should be implemented.
KRA, however, said on Monday that the requirement is anchored in law and that the Authority is mandated to implement legislation enacted by Parliament.
The Authority said the requirement for an export declaration in the clearance of imported goods is provided for under Section 23B of the Tax Procedures Act.
“KRA is committed to working closely with affected stakeholders to ensure that the implementation of statutory requirements promotes compliance while minimising unnecessary disruption to legitimate business activities,” the Commissioner for Customs and Border Control said in a statement.
The agents have questioned the need for an additional export declaration for motor vehicles, arguing that an export certificate already provides similar information.
“We already have a document called an export certificate. An export certificate serves as the export declaration,” said clearing agent Omukheir Said.
Peter Wambua, a director of a clearing and forwarding company in Mombasa, said agents were not opposed to regulation but wanted changes in customs procedures to be introduced with adequate notice and clear instructions.
“We are not rebelling,” Wambua said. “But we want policies that are introduced to be consistent.”
He said clearing agents act as intermediaries between regulators and importers and require clear guidance to advise their clients on compliance.
The agents said delays in processing cargo could result in additional storage and other charges, ultimately increasing the cost of doing business and passing the burden to consumers.
Wambua also said agents had heard about possible suspension of some requirements but had not received formal written communication from KRA.
“We need a written communication,” he said. “If there was a written communication, we would not even be here.”
The agents have also raised concerns over the valuation of imported motor vehicles, particularly the basis used by authorities to determine their customs value.
KRA declined to comment on the valuation dispute, saying the matter is currently before the courts and is therefore sub judice.
The Authority said it would continue engaging clearing agents, freight forwarders, motor vehicle dealers and other stakeholders to find practical and lawful solutions to operational challenges affecting cargo clearance.
The dispute comes as the government seeks to strengthen customs compliance while ensuring that cargo continues to move efficiently through the country’s ports and logistics facilities.
KRA’s current guidance states that, from September 1, importers are required to obtain and retain an export declaration, export entry, customs export certificate or equivalent document from the country of export to support the importation of goods into Kenya.
