| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-000-059 |
7.3. Corruption |
2009-04-20 |
Kenya: Rwanda to Mombasa Highway |
Rwanda |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Road blocks along the Northern Corridor for transporters carrying goods from Rwanda to Mombasa Port
The policemen at road blocks demand payments of 1000 Uganda Shillings and 50 Kenya shillings. Once you have made the payments they don't even bother to check on what you are carrying. |
|
|
Resolution status note:
|
Kenya reported that issue was resolved through COMESA customs and trade committee meeting |
|
|
NTB-000-150 |
2.3. Issues related to the rules of origin |
2009-07-27 |
Kenya: Kenya Revenue Authority |
Tanzania |
Resolved
2011-08-29 |
View |
|
Complaint:
|
In some instances, Kenya customs demands that Tanzania exporters wishing to pernetrate the Kenyan market have to produce an EA certificate of origin or alternatively an international certificate of origin. An EA certificate of origin does not exist yet, since the EA countries are using the COMESA certificate of origin until they develope their own. |
|
|
Resolution status note:
|
At the NMC meeting held in Naifrobi on 29 August 2011, Kenya reported that there is an EAC certificate of origin currently issued by Confederation of Tanzania Industries (CTI) . |
|
|
NTB-000-389 |
7.3. Corruption |
2011-01-28 |
Kenya: Sirari Border Post |
Tanzania |
Resolved
2011-08-29 |
View |
|
Complaint:
|
Police officers at the Kirumu check point are harrassing Truckers bringing goods to Tanzania through Sirari border post. The harrassment is associated with attempts to solicit for bribes. Truck owners claimthat although they usually have all the customs receipts pertaining to the merchandise they are carrying, police officers have continued to hassle them for no apparent reasons. |
|
|
Resolution status note:
|
At the NMC meeting held in Nairobi on 29 August 2011, Kenya reported a necessary disciplinary action had been taken to address this problem. |
|
|
NTB-000-424 |
6.6. Border taxes |
2011-07-04 |
Kenya: Malaba |
Uganda |
Resolved
2011-08-29 |
View |
|
Complaint:
|
Effective July 2007 to date Kenya Plant Health Inspectorate Service (KEPHIS) imposed a Plant Import Permit (PIP) of KShs 500 on every truckload of Uganda tea in transit to Mombasa, reason that they have to issue a Phytosanitary certificate when Uganda tea is being exported. However at this time Uganda tea is already sold off. This practice is contrary to international practice where the Phytosanitary certificate is issued by a competent authority in the country of origin in this case Uganda. The above practice also many times delays Uganda tea at Malaba due to making receipts, verification and clearing hence late for listing at Mombasa auction therefore making it less competitive. |
|
|
Resolution status note:
|
At the NMC meeting held in Nairobi on 29 August 2011, Kenya reported that:
1. Kenya does not issue plant import permit to goods in transit.
2. If tea is specifically declared as in transit, Malaba border verifies documentation and release without charging import permit. However if declared for local consumption, permit is invoked. |
|
|
Products:
|
0902.30: Black fermented tea and partly fermented tea, whether or not flavoured, in immediate packings of <= 3 kg |
|
|
NTB-000-442 |
7.8. Consular and Immigration Issues |
2011-09-03 |
Kenya: Immigration Department |
Rwanda |
Resolved
2014-12-11 |
View |
|
Complaint:
|
Lengthy procedures for issuing work permits by Kenya, Uganda and Tanzania Immigration departments.As per BCI 2008 ,business take between 1-5 months to acquire work permits for workers sourced from another EAC country.Businesses are forced to employ locals who may lack required skills. |
|
|
Resolution status note:
|
At the 16th EAC regional forum on non tariff barriers held in Kigali in December 2014, EAC Secretariat reported that the Kenya had abolished this requirement. This NTB is therefore resolved |
|
|
NTB-000-443 |
5.5. Import licensing requirements
Policy/Regulatory |
2011-07-14 |
Kenya: Malaba |
Uganda |
Resolved
2016-06-30 |
View |
|
Complaint:
|
Kenya Charges a plant import permit (PIP) at Malaba on Ugandan tea destined for auction at Mombasa |
|
|
Resolution status note:
|
Uganda reported that the NTB was resolved |
|
|
NTB-000-444 |
1.1. Export subsidies
A83: Certification requirement
Policy/Regulatory |
2011-09-02 |
Kenya: Ministry of Agriculture |
Uganda |
Resolved
2014-12-11 |
View |
|
Complaint:
|
Non recognition by Kenya for SPS certificates issued by Uganda for tea destined for Mombasa action. |
|
|
Resolution status note:
|
At the 16th EAC regional forum on non tariff barriers held in Kigali in December 2014, Kenya reported that the requirement would be abolished. Kenya reported that tea destined for auction at Mombasa for export must be warehoused in a bonded Customs warehouse (Transit Go down) of their choice. This NTB is therefore resolved |
|
|
NTB-000-451 |
8.7. Costly Road user charges /fees
Policy/Regulatory |
2011-09-03 |
Kenya: Mombasa sea port |
Uganda |
Resolved
2014-12-11 |
View |
|
Complaint:
|
Additional charges by Container freight stations.The port charges should include charges on container freight charges. |
|
|
Resolution status note:
|
At the 16th EAC regional forum on non tariff barriers held in Kigali in December 2014, Kenya reported that the port charges by ICDs and CFS should be the one approved by port authorities. Kenya Ports Authority has signed a service level agreement to guide charges by CFS. This NTB is therefore resolved. |
|
|
NTB-000-455 |
8.8. Issues related to transit |
2011-09-03 |
Kenya: Central Corridor |
Rwanda |
Resolved
2011-09-19 |
View |
|
Complaint:
|
Varying application of axle load specifications by Kenya. Kenya demands that trucks should noit weigh more than 48Tonnes axle load whereas other partner states allow 56tons. |
|
|
Resolution status note:
|
The 6th EAC Regional Forum on Non tariff barriers held from 12-13 March 2012, adopted recoomendation from the meetin of EAC permanent secretaries of the sectoral Council of transport , communications and metrology held in Nairobi on 16-19 August 2011 that a meeting of experts be convined by EAC secretariat to develop supportive legal, institutional and operative framework for approval by the council in 2012. This NTB is therefore considered resolved by the regional forum. |
|
|
NTB-000-455 |
8.8. Issues related to transit |
2011-09-03 |
Kenya: Central Corridor |
Rwanda |
Resolved
2011-09-19 |
View |
|
Complaint:
|
Varying application of axle load specifications by Kenya. Kenya demands that trucks should noit weigh more than 48Tonnes axle load whereas other partner states allow 56tons. |
|
|
Resolution status note:
|
The axle load was agreed at 56 tons in the recent past and could possibly be a case where a hiccup arises due to lack of information by the implementing agency. When we have such cases of varying application of axle load specifications by Kenya along the Northern Corridor (Weighbridge), then it is useful to specify the weighbridge and give necessary details for us to follow and address the complain . However, the issue of varying application of axle load specifications should no longer occur because the region has adopted a uniform applicable axle load of 56 Tonnes |
|
|
NTB-001-273 |
6.2. Administrative fees |
2024-10-05 |
Kenya: Sirari |
|
Resolved
2025-05-30 |
View |
|
Complaint:
|
Sodium cyanide convoy of 10trucks delayed due to one truck rects online exit point internal input message reading exit Taveta |
|
|
Resolution status note:
|
The meeting noted that the exporter did not pay but suffered 8 Days delay at the OSBP with trucks carrying hazardous goods. This is dangerous to the environment and the community around.
However, the issue is operational other than an NTB and should be referred to the Customs Committee for consideration
The NTB was referred to SCOC for consideration and resolution
The NTB was resolved by the COC:
The Sectoral Committee on Customs committed to strengthen inter agency communication and coordination among Partner States Customs authorities to avoid similar incidents in the future. |
|
|
NTB-000-498 |
8.5. Infrastructure (Air, Port, Rail, Road, Border Posts,) |
2012-03-14 |
Kenya: Mombasa sea port |
Rwanda |
Resolved
2014-12-11 |
View |
|
Complaint:
|
Congestion in the Dar-es- Salaam and Mombasa Ports |
|
|
Resolution status note:
|
At the 16th EAC regional forum on non tariff barriers held in Kigali in December 2014, EAC Secretariat reported that the ports of Mombasa and Dar Es Salaam are implementing National single window system to redress delays at the ports. This NTB is therefore resolved |
|
|
NTB-000-501 |
2.9. Issues related to transit fees |
2012-03-14 |
Kenya: Busia |
Uganda |
Resolved
2013-12-05 |
View |
|
Complaint:
|
Delays in issuing bonds at Kenya border with Uganda for tea meant for auction in Mombasa |
|
|
Resolution status note:
|
On 5 December 2013 Kenya Focal Point reported that the NTB had been resolved. The Republic of Kenya had over the last two years taken various measures to address all challenges faced by traders along the northern transport corridor some under the presidential directives and committees to resolve all barriers to trade.
Kenya focal point requested that the Republic of Uganda provide an update on the currentsituation to clarify whether it was an issue of delay and if so, what is the current experience? |
|
|
NTB-000-502 |
8.5. Infrastructure (Air, Port, Rail, Road, Border Posts,) |
2012-03-14 |
Kenya: Malaba |
Rwanda |
Resolved
2012-09-28 |
View |
|
Complaint:
|
Delays at Malaba border for trucks driving to Uganda due to lack of facilities at the border |
|
|
Resolution status note:
|
The Focal points for Kenya and Rwanda reported that the scope of facilities reported missing at malaba include Air, Port, Rail, Road, Border Posts facilities and therefore making it quite difficult to address the NTB. It was therefore recommended that the NTB be removed from the system and any folow up complaint should be be reported accurately to reflect the true position of operations at the border in reference. Border posts facilities at Malaba are in place and operational. |
|
|
NTB-000-503 |
2.7. International taxes and charges levied on imports and other tariff measures
Policy/Regulatory |
2012-03-14 |
Kenya: Kenya Revenue Authority |
Uganda |
Resolved
2012-08-24 |
View |
|
Complaint:
|
Kenya has introduced Cash Bond on used clothes and shoes / other items considered of high value |
|
|
Resolution status note:
|
During the 7th EAC forum Kenya reported that the Cash Bonds on used shoes and clothes was been abolished as recommended by the Mombasa Ministerial meeting on NTBs in March 2012 |
|
|
NTB-000-504 |
2.6. Additional taxes and other charges |
2012-03-14 |
Kenya: Kenya Revenue Authority |
Uganda |
Resolved
2013-12-05 |
View |
|
Complaint:
|
Kenya has introduced Customs warehouse rent that starts after the release of cargo manifest. |
|
|
Resolution status note:
|
On 5 December 2013, Kenya focal point reported that this issue was resolved with the signing of Service Level Agreement between the Kenya Ports Authority and the Container Freight Stations. This ensures that there is no double or additional charges |
|
|
NTB-000-505 |
8.2. Administrative (Border Operating Hours, delays at border posts, etc.) |
2012-03-14 |
Kenya: Kenya Revenue Authority |
Uganda |
Resolved
2013-12-05 |
View |
|
Complaint:
|
Requirement by KRA for transporters to have introductory letters from URA on certain products / consignments, e.g. tyres and spirits. |
|
|
Resolution status note:
|
On 5 December 2013, Kenya focal point reported that this NTB had been resolved. Kenya Revenue Authority issued a notice to all Transporters , shipping agents, clearing and forwarding agents on the electronic cargo tracking systems as the principal systems for monitoring the movement of cargo under customs territory and all stakeholders were expected to comply by 31st January 2014 .
The Vehicles that are fitted with Electronic Cargo Tracking Systems WOULD:
1. Get waiver of TGL fees
2. Be able to carry goods on transfer to other partner states and within Kenya subject to approval
3. Enjoy the priority loading at the all customs areas and
4. Move without customs escort through the Northern corridor.
Transporters and shipping lines and agents are now allowed to carry goods along the corridor without challenges previously affecting them. |
|
|
NTB-000-506 |
1.1. Export subsidies
Policy/Regulatory |
2012-03-14 |
Kenya: Kenya Plant Health Inspectorate Services |
Tanzania |
Resolved
2014-12-11 |
View |
|
Complaint:
|
Delays by Partner States to harmonize SPS protocol has resulted in cut-flower from Tanzania for re-exports to Europe and Russia blocked by Kenya. |
|
|
Resolution status note:
|
At the 16th EAC regional forum on non tariff barriers held in Kigali in December 2014, Kenya reported that the blockage had been lifted. This NTB is therefore resolved. |
|
|
NTB-000-567 |
1.1. Export subsidies |
2013-02-01 |
Kenya: Namanga |
Zambia |
Resolved
2013-02-27 |
View |
|
Complaint:
|
A consignment of sugar exported from Zambia to Kenya by Zambia Sugar has been delayed at the border for more than 20 days, and still has not been released. The COMESA secretariat has assisted in verifying the Certificate of origin that was apparently the initial reason for the delay. However the sugar has still not been processed for release |
|
|
Resolution status note:
|
On 27 February 2013, the Coordinator Border Coordination Management, Kenya Revenue Authority advised that, upon
verification of the certificate of origin, all consignments of sugar exports from Zambia into Kenya were released by 23 February 2013. KRA submitted a status report to the Focal Point, Kenya, indicating specific release dates for individual consignmenet as evidence. |
|
|
NTB-000-562 |
8.1. Government Policy and regulations |
2012-12-10 |
Kenya: Throughout Kenya |
Kenya |
Resolved
2014-07-03 |
View |
|
Complaint:
|
This complaint is registered by FESARTA.
The Kenya National Highways Authority (KENHA) is enforcing the axle load limits, rather than the GCM limit for the vehicle combination.
This is seriously compromising the ability of the transporters in Kenya to operated effectively and the Kenya Transporters Association (KTA) has taken the matter to court.
Some comments by the KTA:
1. KENHA is implementing this axle load rule on an axle by axle case rather than group axles. We realize the official position is group axle because when our enraged members stormed the Mariakani weighbridge yesterday, they promptly switched to weighing on group axles and giving a 5% tolerance, a matter that had hitherto not happened.
2. Their axle weights are 8-16-24 rather than 8-18-24 as the case is said to be in Tanzania. To comply here means one can’t optimize on his load.
3. The Traffic Act in Kenya requires an offender in this case is taken to court, fined and then made to redistribute cargo so that each axle is in conformity before the truck can proceed. The complication arises when the cargo is containerized transit goods which cant be opened sice continer is sealed and opening is criminal!
4. Similar complications arise in the case of liquid cargo which moves rapidly even when truck is being weighed or “sandy” like cargo such as clinker and the like which shifts depending on road terrain/condition or upon braking.
5. Our members are now forced to load 22 to 24 tons of the above cargo instead of the normal 27 tons. Unfortunately the overheads do not come down at all and they are now left with no option but to raise their rates by a similar margin. The question is whether our corridor and hinterland can afford such excessive costs.
FESARTA has drawn up a proposal to solve the problem and it is attached to this complaint. |
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Resolution status note:
|
On 03 July 2014 FESARTA Kenya was about to sign a Load Charter with its transporters, which covered this issue therefore the NTB should be considered resolved. |
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