Transporter jailed after pleading guilty to possession of over 5000 bottles of vodka with fake excise stamps

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A Transporter who pleaded guilty to charges of being in possession of excisable goods has been sentenced to three months in prison.

Chief Magistrate Martha Mutuku sentenced Joseph Hunja Ndungu to the said jail term or pay a fine of Sh100, 000.

Ndungu pleaded guilty to charges of being found in possession of excisable goods, to wit, 5,500 bottles of Santana ice vodka.

The accused is charged that on 9th January 2021 along Nairobi – Naivasha highway, Ndungu jointly with others not before court were found in possession of excisable goods to with 5,500 bottles of Santana ice vodka on board of a Mitsubishi Fuso affixed with counterfeit excise stamps with dutiable value of Sh. 1,358,187.

In his defense, the accused told the court that he is just a transporter and it is very hard for him to differentiate between counterfeit and non counterfeit stamps. 

He further told the court that he is still repaying the loan for the Mitsubishi Fuso and urged the court to release it to him so he can continue doing transport business and supporting his family.

The court ordered the release of the said vehicle but directed that the goods be forfeited to the state.