This archive report was first published on 4 May 2021.
On 13th May 2021, three individuals will appear before the Milimani law court Chief Magistrate Francis Andayi to face charges of tax fraud amounting to KShs. 12.5 million.
The accused, Victor Olingo Odhiambo, Rodgers Otieno Odhiambo, and Moses Thure Odhiambo, are directors of Remarc Logistics Limited, a clearing agent. They are jointly accused of making false cargo entries with lowered tax values to avoid paying required customs taxes while clearing goods.
Between 2015 and 2019, the accused persons made eleven entries while acting as clearing agents on behalf of a company that imported goods during the said period. The Kenya Revenue Authority (KRA) established that the accused persons prepared lower value invoices with an intent to lower the tax liability without the knowledge of the appointing company.
They then cleared the consignments but billed the company using its genuine invoices, defrauding the Commissioner of Customs KShs. 12,544,635 in duties and taxes.
The charges against the accused persons include making entries that are false in material particulars, a violation of section 203(a) of the East Africa Community Customs Management Act, 2004. They are also jointly charged with a count of fraudulent evasion of the payment of any duty contrary to section 203(e) of the same Act.
During the court proceedings, Rodgers Otieno Odhiambo and Moses Thure Odhiambo denied the charges and were granted a bond of Kshs. 400,000 with one surety or cash bail of KShs. 200,000 each. The plea for the first accused, Victor Olingo Odhiambo, and their company was deferred.
