Laws of kenya


PART IV--WAREHOUSING OF GOODS



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PART IV--WAREHOUSING OF GOODS



Provisions Relating to Bonded Warehouses


  1. (1) Subject to any regulations, goods liable to duty may on first importation be warehoused without payment of duty in a Government warehouse or a bonded warehouse licensed by the Commissioner.




    1. On, or as soon as practicable after, the landing of goods to be warehoused, the proper officer shall take a particular account of the goods and shall enter the account in a book; and the account shall, subject to sections 41 and 47, be that upon which the duties in respect of the goods shall be ascertained and paid.




  1. (1) Where goods entered to be warehoused are delivered into the custody of the person in charge of a warehouse; the proper officer shall take a particular account of the goods, whether or not an account thereof has been previously taken.




    1. The proper officer shall, in taking an account, enter in the book for that purpose, the name of the aircraft or vessel or the registered number of the vehicle, as the case may be, in which the goods were imported, or, in the case of postal articles, the parcel post reference, the name of the owner of the goods, the number of packages, the mark and number of each package, and the value and particulars of the goods.




    1. After the account has been taken and the goods deposited in the warehouse in accordance with the direction of the proper officer, the officer shall certify at the foot of the account that the entry and warehousing of the goods is complete; and the goods shall from that time be considered goods duly warehoused.




    1. Subject to section 39, all goods entered to be warehoused shall be removed to the warehouse for which they are entered and deposited therein within twenty one days from the date of entry, or within such further period, not exceeding twenty- one days, as the Commissioner may allow for bonded warehouses situated away from the port of importation;

Provided that where goods are permitted to be repacked, skipped, bulked, sorted, lotted or packed in accordance with section 33, those



2002 Customs & Excise Act Cap.472





Removal to warehouse of goods entered therefor.

Entry of warehoused goods.

Operations in a warehouse.


14 of 1982, s. 3,
09 of 1992, s. 4,

0 4 of 1993,s. 5,


goods shall be deposited in the packages in which they were contained when the account thereof was taken.





      1. A person who contravenes subsection (4) shall be guilty of an offence and any goods in respect of which the offence has been committed shall be liable to forfeiture.




  1. (1) Where goods entered to be warehoused are not duly warehoused by the owner, the proper officer may cause them to be removed to the warehouse for which they were entered.




    1. Where goods are so removed to a bonded warehouse the warehouse keeper shall pay the cost of the removal of the goods and shall have a lien on the goods for the cost.


39. (1) Goods which have been warehoused may be entered either for-


      1. home use;

      2. exportation;

      3. removal to another warehouse;

      4. use as stores for aircraft or vessels; or

      5. re-warehousing.




    1. Where goods have been entered for warehousing they may, before they are actually warehoused, be entered for home use, for exportation, for removal to another warehouse, or for use as stores for aircraft or vessels; and in that case the goods shall be deemed to have been so warehoused and may be delivered for home use, for exportation, for removal to another warehouse, or for use as stores for aircraft or vessels, as the case may be, as if they had been actually so warehoused.




  1. (1) Where goods are warehoused, the Commissioner may, subject to such conditions as he may impose-

      1. permit the goods to be repacked, skipped, bulked, sorted, lotted or packed therein;

      2. permit samples of the goods to be taken by the owner;

      3. permit the name of the owner of the goods in the account taken under section 36 to be changed if application therefor is made in the prescribed form and signed by both the owner and the intended owner;

      4. permit the assembly or manufacture in the warehouse of any article consisting wholly or partly of those goods; and for that


2002 Customs & Excise Act Cap.472





Re-gauging and re-valuation.


Delivery from

warehouse in

special


circumstances.
13 of 1979, s. 2,

09 of 1992, s. 5.



purpose the

Commissioner may permit the

receipt in a

warehouse of duty free or locally

produced articles required as

components of the article to be so assembled or

manufactured

therein:
















Provided that-













(i) where

the

finished

article is

entered for home use, duty

shall

be charged

on the

goods forming part thereof

according to the first account taken upon the warehousing of

the goods except in the case of imported crude petroleum or

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