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{
    "id": 1349711,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1349711/?format=api",
    "text_counter": 55,
    "type": "speech",
    "speaker_name": "Molo, UDA",
    "speaker_title": "Hon. Kuria Kimani",
    "speaker": null,
    "content": "1. What was the legal basis and framework for customs and duties directives, particularly the USD 500 or its equivalent in Kenya shilling value cap for any used and personal items? 2. What steps have been taken to ensure that the customs and duties directive is enforced within the boundaries of existing laws and regulations, and what legal safeguards are in place to prevent arbitrary actions by authorities? Hon. Speaker, I wish to respond as follows: Hon. Speaker, from the onset, I wish to state that, besides revenue collection, KRA is mandated to facilitate trade and secure the borders. This is done in line with relevant tax regulations, written laws and specified provisions of the written laws. Hon. Speaker, customs management in Kenya, a member State of the East African Community (EAC), is guided by the East African Community Customs Management Act (EACCMA), 2004. EACCMA 2004 is a regional law applicable to all the EAC Partner States. The Kenya Revenue Authority is an implementing body of this Act and facilitates the movement of people and goods in line with the various provisions of EACCMA, 2004. Hon. Speaker, the matter in question relates to customs management, particularly regarding passengers arriving in the country and the concessions and entitlements available to them. The Fifth Schedule of EACCMA, 2004, makes provisions for the categorization of passengers arriving in the country and the concessions and entitlements available to them. Sections 44, 45 and 46 of the EACCMA, 2004 provide how passenger clearance processes at the member State port of entry shall be conducted and the obligations of the passengers in each category. Section 44 provides as follows: \"(1) A person shall not disembark from any aircraft or vessel except at a place appointed in accordance with Section 11 of this Act. (2) The following persons on landing at any port or place from an aircraft or vessel which has arrived from or called at a foreign port shall, subject to section 46, proceed forthwith to the baggage room or other place set aside for the examination of baggage and there remain until they receive the permission of the proper officer to leave that room or other place- (a) any person who is disembarking at that port or place; (b) any person, including any person who is returning ashore, who has any uncustomed goods in his possession, whether upon his person or in his baggage; (c) the crew of an aircraft or vessel who are leaving that aircraft or vessel either temporarily or for and other reason, and wish to remove their baggage or part thereof, from that aircraft or vessel; (d) any passenger who is temporarily leaving that aircraft or vessel and wished to remove therefrom his baggage, or any part thereof; (e) any other person who may be required by proper officer to do so. (3) The Commissioner may require the owner or agent of an aircraft or vessel conveying passengers to provide advance passenger information prior to the arrival of such aircraft or vessel. (4) Any person who contravenes this section commits an offence.\" Hon. Speaker, the import of these provisions gives the category of persons who are required to report to customs as follows: (a) A person who is disembarking at that port or place. (b) Any person returning ashore who has any uncustomed goods in his possession, whether upon his person or in his baggage. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}