Customs & Border Police Unit | Hassan Luk

Border Police Unit of the NPS or KRA have the right to seize any goods in Kenya if duty has not been paid properly, if the items are prohibited in Kenya, or if customs regulations have been broken.

it is important to make a declaration of valuable goods before passing the border, even if they are considered to be personal items and on which duty has already been paid. If duty has not already been paid, it may be necessary to declare the items in order to protect them from being seized.

In the vast majority of cases, the items are seized at the point of entry where an individual should be given enough information in a seizure notice on how to restore the items, or challenge the legality of the seizure as a point of law in condemnation proceedings. The restoration and condemnation procedures are two different avenues through which to challenge, where the ultimate goal is to have the property restored

The seizure relates to the duty not being paid, or no declaration made at the point of entry, however, the owner must remember to have proof of ownership, especially if the items are of high value. There are numerous cases where the individual seeking to restore their property has been wrong-footed by not being able to show proof of purchase, even for items that were bought several years ago.

It is advisable to seek legal advice at the earliest available opportunity from when notice is given. We are experienced in challenging authorities whenever our clients are in a difficult and complicated process of having their property taken from them and ensure that we take every legal step to reunite clients with their property.

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