Attorney General Justin Muturi Friday distanced himself from blame over the release of contaminated sugar to the Kenyan market.
He said the poisonous sugar was released against guidance from his office and the Kenya Revenue Authority (KRA).
This is after Kenya Bureau of Standards (KEBS) acting Managing Director Esther Ngari told the National Assembly that the
National Environment Management Authority (NEMA), Kenya Revenue Authority (KRA), and the office of the Attorney General were responsible for the illegal release of the bad sugar.
So far suspects are in court over the release and failure to pay taxes.
Muturi said his office played an advisory role in the affair and that the Directorate of Criminal Investigations (DCI) sought legal opinion on pursuing the case after the sugar was released.
Muturi said KRA had also sought legal advice on the disposal of the condemned sugar.
“Earlier on, this office received a request from KRA dated 14th December 2022 seeking our review, legal advice, and concurrence on the proposed method of disposal of condemned sugar, especially on the sale by the commissioner of customs for recovery of taxes,” said the AG.
“Consequently, on the 19th of January 2023, this office convened a meeting with KRA and KEBS leadership to discuss the matter.”
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“Following the meeting, this office rendered a legal opinion to KRA and copied the same to KEBS and guided that the proposed method for the disposal of the condemned sugar was consistent with the provisions of the law.”
Muturi added: “This office concurred with KRA’s decision to recover import duty on the subject sugar since the sugar was being allowed into the country for alternative use, namely, as a raw material to manufacture ethanol.
He said because of the lack of clear legal guidelines on handling condemned products, ” it was recommended that going forward, KRA and KEBS should work together to develop a comprehensive framework to provide for the disposal of prohibited and or condemned goods which may nevertheless, subject to the payment of import duty, be released for alternative use with the approval and supervision of the multi-agency team.”
