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Port of Impunity: Setting the Record Straight |
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Kenya Revenue Authority employees were recently glued to their television sets on three consecutive nights as they watched the Inside Story aired by KTN in the belief that they would see their colleagues receiving bribes in the much hyped news item entitled Port of Impunity. The James Bond style programme was beamed across the country and beyond, promising to expose government officers, especially KRA employees, involved in corrupt deals at the Mombasa Port, in liaison with clearing agents. KRA’s Commissioner General Mr. M.G. Waweru was avid to see his officers receiving bribes on tape, with a view to authorizing their immediate dismissal, in his continued effort at exterminating graft within the Authority. The last episode of the three part news item was an anti-climax since no member of KRA staff was seen receiving bribes to clear the consignment in question. When KTN beamed the container number FSCU 6694823, KRA management immediately interrogated the online cargo clearing system and established that the Authority received Kshs 2, 270,958/=from the clearing agent, which included additional tax and penalties. A clearing agent registered the entry for FSCU 6694823 on 29th October 2009 who declared two items; namely 200 cartons of drinking water packed in 1.5 litre bottles and 160 cartons of hair cut kits. The agent also lodged an invoice for US $ 4,120 as the total value of the goods and assessed the tax payable as Kshs 196,997/-. The KRA officers handling the matter were not satisfied with the information given and they targeted the container for verification. KRA officers established that the correct value of the goods therein was US $ 57,613.40 and not US $ 4,120 as assessed and self declared by the clearing agent. KRA penalized the importer for the offence of mis-declaration and undervaluation of the total tax due. KRA demanded and received additional taxes and a penalty of Kshs 300,000/-, resulting in the Kshs 2,270,958/=. KRA officers handling the goods worked diligently and were beyond reproach in respect to the goods brought in by the importer and at no time did KTN broadcast facts to show how KRA employees were compromised. Even after KRA called a press conference where it was clearly stated that the Authority received all taxes due in respect to the container in question, KTN did not highlight this fact. Did KTN air the allegations of collusion and compromise of KRA officers in good faith? Condemnation of KRA where the facts were to the contrary raised questions as to whether KTN exercised the rule of fairness and balance as would be expected of any media station. After the press conference held at Times Tower on 28th November, the KTN reporter who developed the story stated that he did not have any KRA officers receiving bribes on tape. So, why tarnish KRA’s image? All the same, this does not mean that KRA does not have challenges with integrity issues. Indeed, the Authority recognises that it has corrupt officers in its midst and has instituted measures to address the vice. KRA has done so in appreciation of its responsibility as part of the larger Kenyan society which, has been rated at position 146 against 180 countries by the Corruption Perception Index 2009 release by Transparency international in November 2009. Congruent to the Public Sector Integrity Programme, KRA in 2005 developed an Integrity Action Plan jointly with the World Customs Organisation (WCO) and the Commonwealth Secretariat. Under the Integrity Action Plan, the Authority has an Integrity Testing Programme undertaken jointly with the Kenya Anti Corruption Commission (KACC), which tests the integrity of staff as they carry out their duties. Besides this, all KRA Departments and regions have Corruption Prevention Committees which meet regularly. Further, the Authority carries out corruption Risk Assessment on a regular basis and takes action on findings. KRA has been ruthless in dealing with issues of corruption has parted way with an average of 50 employees every year on corruption and fraud related issues since 2005 but we must appreciate that there is no institution that can uproot this monster without the participation of all stakeholders who must recognise that it takes two to tango.
Maureen Njongo
Collins Wanderi – CFE |
