Court backs dismissal of KRA staff for Sh45,000 bribe

According to court papers, resulting from the said malpractice, KRA suffered a loss of Sh4.5 million in form of revenues and that the incident happened due to downtime in the Simba Operating system.

Justice David Nderitu said the dismissal of Ms Apondi was fair and justified, since she was taken through a disciplinary process before a well-constituted panel and found culpable of the allegations. She was subsequently dismissed via a letter dated April 19, 2023.

Ms Apondi, who was hired in February 2019 as Border Control Assistant officer based at Malaba One Stop Border Post, was responsible for manning the Simba Operating system to ensure that taxes were paid for goods entering into the country.

She was dismissed over alleged negligence and insubordination, for failing to adhere to instructions issued by the station manager to the effect that consignment must be subjected to 100 percent verification. She allegedly allowed three trucks to leave the port without paying the necessary taxes and customs.

The letter of dismissal stated that on August 20, 2020, she received an inducement of Sh45,000 from a clearing agent through his mobile phone number to her proxy number, registered in a different name, to facilitate clearance of the said consignment.

During the internal investigations, one of the staff members confirmed that the said proxy mobile number belonged to Ms Apondi, since she had shared it with her and she had it saved in her mobile phone.

"Your irregular and unprocedural processing of the said consignment occasioned revenue loss amounting to Sh4,506,117. The stated malpractice confirms your culpability for negligence of duty and insubordination, which are serious offences of gross misconduct that warrant for your summary dismissal," read the letter signed by Angeline Mutua for Deputy Commissioner – Human Resource.

The judge said investigations showed Ms Apondi was negligent and reckless in performance and execution of her duties.

The court dismissed a claim filed by Ms Apondi seeking to reverse the termination, reinstatement to employment and payment of her terminal dues and compensatory damages.

"The investigations report by the KRA demonstrates that the claimant in concert with four others conspired to defraud KRA of revenue and earn illegal kickbacks by releasing the three trucks ferrying goods where taxes were not paid. It cannot be true that the said three trucks were released from the port without the knowledge of the claimant who was manning the payment and clearance system," said the judge.

He found that Ms Apondi had a duty and indeed an obligation, as a responsible employee, of ensuring that no trucks left the port until and unless all customs and taxes were paid in full.

Ms Apondi had pleaded that due to the downtime in the Simba system she was unaware of the instructions that required 100 per cent verification and clearing of trucks only between 0800 hours and 1700 hours although she claimed to have cleared no trucks on the material date and time.

She denied owning the mobile telephone line number that received the money and that she was not aware of the origin and purpose of the cash referred to.

She lamented that her termination was unjustifiable and punitive, as it denied her the opportunity to work, grow, and resulted in her loss of income.

However, the court noted that the clearing agent, in his statement while in custody, stated that he had met Ms Apondi at the KRA's office on the night of August 19 and 20, 2020. The agent had also stated that since the Simba system was not working, she gave him the phone number to which Sh45,000 was sent for the three trucks.

"The court finds that the KRA had a genuine, reasonable, and probable ground upon which to dismiss the claimant," said Justice Nderitu.

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