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Businessman charged for evading taxes

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[The suspect Benson Gakuva Nyaga before Mombasa court. Photo/Courtesy].

A businessman was on Thursday arraigned before Mombasa Law court for using falsified Banker’s cheques to evade payment of Customs duties.

The clearing and forwarding agent was arrested by Kenya Revenue Authority (KRA) for allegedly forging Customs documents to secure the release of motor vehicles from the Customs and Border Control.

The suspect, Benson Gakuva Nyaga faced charges of using falsified documents and attempting to evade a total of Ksh 958,896 in duty.

He was charged that on the 21 st day of February 2020 at Nyali

within Mombasa county, jointly with others not before court knowingly

involved himself in the fraudulent evasion of duty amounting to ksh

750,000 by falsifying banker’s cheque from Faulu Bank and Presenting and purporting the same to be payment of customs Import duty for motor vehicle for a vehicle KCV 628E make Volkswagen Passat, lawfully payable to the commissioner of Customs.

He was also charged that on or about 30th November 2015, at Kayole Shopping Centre within Nairobi County, being a representative of an importer Dorothy Jessica Lemuya of a motor vehicle make Toyota Ractis registration No KCS 981X, jointly with officers not before court unlawfully used a fake bankers cheque held in I&M Bank Biashara Street Nairobi, to the Commissioner of Customs and Border Control to pay duty for the said motor vehicle which he knew or ought to have known to be false thereby evading to pay duty of Ksh 208,896.

The accused denied committing the offence before Mombasa Chief Magistrate Ms Edna Nyaloti and the Court released him on a Ksh 200,000 bond with a surety of the same amount. The mention of the case was fixed on 27th May 2021.

Upon investigation KRA detectives established the cheques presented for payment of duties were fraudulent, as one was forged and another one had been reported as stolen by the Bank.

KRA says some business people have been using fraudulent banker’s cheques to deliberately circumvent the banks’ and KRA Systems in order to defraud government import taxes.