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Ship captains charged with fraud

Friday, December 20th, 2019 19:35 |
High Court
PHOTO/COURTESY

BY MONICA KAGIA

An Indian national alongside two Kenyans were on Friday charged with making false reports and conveying imported goods in contravention to the East African community act.

The accused Maur Abdalla Bwanamaka, Federal Commercial Limited, Ali Mohamed Ahmed, Mer Abdulla and Captain shipping agency, were charged that on October 28, 2019 at old port and Kilindini Ship boarding office within Mombasa County being the consignee and agent respectively; unlawfully made a false report, namely transire in relation to cargo aboard MV Alfazal to wit; 1000 bags of 25 Kilogrammes of rice instead of 15,045 bags of 25 Kilograms rice and 10 tonnes of scrap metal instead of 16 tonnes rice all valued at Sh 22.5 million with a tax implication of Sh 13.1 million.

They also face a second count of conveying imported goods in contravention of the East African community customs management act.

The court heard that on October 28. 2019 at Kilindini ship boarding office within Mombasa county, being the master of a Marine Motor Vessel namely MV Alfazal, the accused were found to be conveying rice and scrap metal which had been under declared vide transpire.

Counsel representing the accused persons Leonard Shimaka had earlier requested the court to deferrer the accused persons plea taking for 30 days until as they were planning on settling the issue with KRA where they want to settle the tax they are said to have lied about.

He further urged the court to make a ruling where the said vessel will be released and since it is acquiring charges.

“The vessel at the port where it has been docked is accruing charges and will be expensive for his clients to settle, the vessel is being treated as a crime scene the investigative officers to take photos of the vessel and the cargo in it”

Chief Magistrate Edna Nyalloti however declined to grant the said application saying that the accused should take plea and incase any amendments are to be made, the prosecution will make appropriate directions.

She however ordered that the court will visit the scene where the vessel and the cargo are before she makes any decision.

The two Kenyans were released on a Sh 5 million bond and surety of a similar account, and the Indian National was asked to pay Sh 3 million and deposit his passport the court having considered that he is a handicap.

The court will visit the scene on December 232019.

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