Rules and levies nightmare at Kenya Tanzania border

Photo/LABAN WALLOGA

Trucks blocked at Taveta border point after Tanzanian authorities closed the border trade with Kenya businessmen on February 19, 2012.

What you need to know:

  • Officials from both sides admit tough restrictions encourage traders to sneak across borders using illegal means to ferry their goods

Mr Suleiman Mohammed and his colleague Ali are Tanzanian drivers whose business has been to ferry goods across the border between Kenya and Tanzania for the Tanzanian firm, Elias Transporters. This evening, they sit on the collapsible engine compartment cover of one trucks, chatting about football.

But they are a worried lot. It is Wednesday of the second week since they arrived here at the Namanga border post, headed to Dar es Salaam from Nairobi. They were driving Tanzanian trucks whose trailers had been moulded in Nairobi.

Having cleared with the Kenyan authorities, the Tanzania border side placed a freezer on their journey: it had to verify that indeed the trucks were Tanzanian, otherwise how else would trucks carry trailers from Kenya?

That verification has taken two weeks. “We took two days to be cleared by Kenyan authorities. But the Tanzania Revenue Authority told us our lorries had a problem which must be fixed from Dar es Salaam,” claims Suleiman.

“We showed them documents to prove the vehicles were bought and registered in Tanzania. We then produced documents to prove the trailers were modelled in Nairobi, but the officials insist that they have to get proof of the chassis number from Dar.”

These drivers’ predicament is no different from many others who have plied across the Kenya-Tanzania border. Many of those the Nation talked to for this story complained of many, long and unnecessary conditions they have to pass before they are allowed in.

Ten days ago, the Kenya-Tanzania border in Taveta was temporarily closed after motorists protested against the increment of vehicle levy by Tanzania authorities. The Tanzanian officials imposed a vehicle levy of $200 (Sh17,000) for vehicles entering its borders from Kenya. (READ:Tanzania disowns levy on Kenyan vehicles)

Later, Tanzania’s minister in charge of East African affairs Samuel Sitta said the decision to increase the levy had been done behind the back of the central government. He argued that local officials had “composed” the rule to fleece traders, a thing he argued, was not the position of his government.

Common Market

“My government was not involved at all. Really, we cannot allow something which is against the law (Common Market Protocol). Let, me repeat, local authorities have no powers to interfere with international matters. That is why we have relevant ministries in our countries to deal with that,” he said.

There are more conditions though. In Tanzania, while Mr Sitta said the issue of yellow fever should not be used to deny entry to nationals of member countries, visitors entering the country without the certificate part with $50 (Sh4,100) upon which they receive the compulsory injection.

“We followed it up and discovered that it is really being levied under a bylaw under the MOH. This really cannot be permitted, they have taken their time, but we are seeing to the end of this bothersome practice,” he said.

Last week, top Kenyan and Tanzanian officials in charge of East African Community affairs met in Namanga to discuss modalities of reducing restrictions for traders. Kenya’s delegation was led by EAC minister Musa Sirma. Other officials included Kenya’s High Commissioner to Tanzania Mutinda Mutiso, top officials in the ministry and local administrators.

When the officials came out of the meeting hall for a joint rally to border residents, they were met with a basketful of complaints from traders and residents alike. “I am Tanzanian but married to a Kenyan. My husband cannot travel to see a relative in Tanzania or attend a funeral until he has a yellow fever certificate,” said one woman.

“My husband was arrested in Tanzania, but he has never been charged. I would want him to be formally charged so we can know the mistake he committed,” claimed another. Soon, the sensitisation meeting hall was becoming heated with a multitude of blame games from both sides.

Mr Al-Hassan Ahmed is a Kenyan, born in Garisaa, but migrated to Namanga to do business. His claim is that he has had his passport confiscated many times because he is of Somali origin. “They took it, saying I couldn’t show why I was travelling to Tanzania. They only gave it back after Kenyan officials intervened.”

Tanzanians also have their accusations. “Sometimes our livestock is confiscated on grounds that it has no permit. Then, the police tell us to go back home because the animals can no longer be sold. So we end up losing the animals as well,” charged one herder.

Tanzanian immigration officials said the matter of confiscating travel documents was only a result of “communication breakdown”.

“Sometimes we only get suspicious because it is not normal, for example, for one to get a passport yesterday and travel tomorrow,” argued Mr John Joseph, an immigration official.

Kenyan police officers at the border also discounted the claims of confiscation, saying Tanzanians often run away for fear of arrest instead of cooperating with authorities.

The Common Market Protocol launched in 2010, was meant to reduce trade barriers between East African community member countries as they do business with one another. Kenya and Tanzania trade in business worth Sh38 billion.

In 2005, the EAC had launched the Customs Union Protocol, meant to unify tax laws and removed many of the levies charged on goods. One year after this Protocol, trade within members rose from Sh166 billion to Sh332 billion, according to the Ministry of EAC.

But the reality is that each of these countries has its own internal laws that seem to contradict or slow down the implementation of these protocols. Traders headed to Tanzania seem to be hardest hit with conditions not related to the goods in transit.

Mr Samson Kinyua, a tour driver claimed that he had to part with $600 (Sh49,200) because he was to ferry tourists to Tanzania’s national parks. The documents he had, indicated that he had paid for “work permit” fees. Meanwhile, Tanzania has continued to charge the $200 fee at the Holili border point, near Taita Taveta, to vehicles entering its territory.

Government officials admit that tough restrictions are encouraging sneaking across borders. Both Tanzanian and Kenyan officials at last week’s meeting admitted that the tough restrictions across the borders had in fact encouraged traders to use illegal means to ferry their goods. Kenya’s Musa Sirma joked to his Tanzanian counterpart: “Last year, you guys restricted maize exports to Kenya, but we still ate that maize; how did it reach Kenya?”