Ugandan traders accuse Kenya Ports Authority of harassment

Kampala.

Three Ugandan traders have filed a complaint with Interpol accusing the Kenya Ports Authority (KPA), Semelado Investments Ltd/ Sharis Logistics, and Cargo Hauliers Investments of loss of up to $140,000 (about Shs495 billion) and loss of their containers at Mombasa.
The three traders, Mr Uthman Kimera, Mr Robert Kisitu and Ms Diana Nasuna under LAMAR, a representative of Sinosolar International Uganda Limited, filed a complaint with Interpol and nine other institutions including the ministry of Trade, ministry of Foreign Affairs, Inspector General of Police Kenya, Kenya Ports Authority, among others, on Monday November 7.

The traders say their agents Semelado/Sharis and Cargo Hauliers, all Kenyan registered companies which were contracted to clear LAMAR’s containers connived with the Kenya Police and KPA officials who henceforth arrested them at the airport and took them to a nearby Mombasa post where they threatened, harassed and extorted $40,000 (about Shs141m) from Ms Nasuna and Mr Kimera on November 3 before escorting them to the airport to board a plane back to Uganda.

Word from Interpol
In a phone interview with Daily Monitor Mr Asan Kasingye, the director Interpol, confirmed that he received a complaint from Mr Uthman Kimera, and that he has already transmitted his complaint to the National Central Bureau of Interpol in Nairobi.

“I informed specifically the head of Interpol Nairobi that we want them to investigate the extortion exerted on him (Kimera) by the Kenya Police; harassment of Ugandans because they were specifically saying to Ugandans (that) Kenya is not their country. We also want to look at a situation where a Kenyan can say such a thing against people of the East African Community,” Mr Kasingye said

What Kenya says
KPA head of corporate affairs, Mr Bernard Osero, denies receiving the letter saying he “is only hearing news.” However, he said if the case is with (the Kenya) Police, then the traders are on the right track and the culprits will be got and penalised.

Speaking to Daily Monitor on Tuesday, Mr Everisto Kayondo, the chairman of the Kampala Capital City Traders Association (Kasita), said there are more than 1200 containers of Ugandan traders stuck at the port of Mombasa and these could be auctioned if the owners do not claim for them.

Earlier dialogue
When Kacita complained to the Kenyan government, they were given two waivers. The first waiver retained the warehouse charges which was still so high for the traders to clear their containers. The charges were more than the value of the goods. This, Mr Kayondo said, prompted them to go back to the Kenyan government to get a total waiver of charges.

“When we advertised for Ugandan traders to pick their merchandise only 80 traders turned up and cleared 100 containers. We still have 1100 containers stuck at the port in Mombasa,” he said.
Mr Kayondo advised all the affected traders to come out and register with Kacita so that they can apply and push for a new waiver. “The waiver is not indefinite. It is given for only 60 days and all traders are expected to pick their goods within that time,” he said, adding: “If we can get more people to claim for the containers then we can push for a waiver as a group.

When we requested the port to bring the containers to Uganda and they clear them from here, the port refused so if those containers are not claimed then they will be auctioned, or destroyed.”

Legal redress
Mr Francis Gimara, a managing partner at Arcadia Advocates, says it is unfortunate that this is happening because Uganda is liberal with other persons. He says it is increasingly difficult for Ugandans to do business in the region.

“For trade disputes, the law provides for ministries of Trade for both countries opportunities to engage with each other to dialogue over these issues,” he says; advising the traders to implore the ministries of Trade and Foreign Affairs of these countries together with East African Community to come in the aid of these traders within the framework of international relations.

In case dialogue fails
Mr Gimara says that if dialogue fails, traders must be ready to involve lawyers to file cases in the East African Community Court of Justice.

Business at the Port
Transit traffic. According to the Kenya Ports Authority report, in 2015, the Port continued its role as trade facilitator and enabler to the hinterland region.

Transit traffic, witnessed a growth of 6.5 per cent registering 7.67 million tonnes up from 7.2 million tonnes handled in 2014. Uganda, Kenya’s biggest transit market has continued to increase its usage of the Port.

In 2015, Uganda cargo grew by 8.2 per cent registering 6 million tonnes up from 5.52 million tonnes in 2014. Total cargo has increased from 19.95 million tonnes in 2011 to 26.73 million tonnes in 2015.