Kenya Revenue Authority (KRA) has lost an application seeking to block summons issued against the commissioner of Investigations and Enforcement over the failure to release milk powder seized last year.
The KRA was summoned by a Nairobi court to appear in court in a ruling on February 20, where it has been cited for contempt of court over the failure to release 79 cartons of Hilwa Milk powder seized from businessman Nuuh Mohamed.
The taxman sought a review of the ruling in the application to the High Court, arguing that it has not disobeyed the court’s directive but its role is not only to collect duty but to ensure prohibited and restricted goods do not enter the country.
High Court judge Diana Kavedza dismissed the application stating that it was clear that the magistrate reached his decision after giving due consideration to the respective positions taken by the parties before him.
“The upshot is that I find nothing in the record of the subordinate court that shows an illegality, irregularity, or impropriety of the orders made by the subordinate court,” the judge said.
The powder milk was seized on May 28, last year by KRA officials in Nairobi and detained at the Likoni warehouse.
According to KRA, the businessman failed to demonstrate that he had a valid licence from the Kenya Dairy Board for dealing in dairy products.
Further, the seized cartons of milk powder did not have the standardisation marks of the Kenya Bureau of Standards thereby raising safety concerns to the public.
Mr Mohamed said the KRA detained the milk for three months but they never preferred charges against him or issued demand notices.
