Local practice

In Kenya, the preferred and relatively easier option for handling cargo for neighbouring countries is through the transit customs procedure. The procedures for the importing/exporting option are very lengthy, bureaucratic and very strictly enforced, hence time consuming and cumbersome.

Documentation

The following are the essential cargo clearance documents & commodity certificates required for clearance of transit commodities from the port of Mombasa:

1) Plant Import Permit - for grain, seeds and processed cereals (required by KEPHIS)
2) Original Bill of Lading (Liner shipments) or Non Negotiable Cargo Receipt (Chartered shipments)
3) Original Commercial Invoice or WFP No Charge Invoice
4) Certificate of Origin
5) Phytosanitary Certificate (complying with KEPHIS specifications)
6) Best Used Before Date certificate (required by Kenya Bureau of Standards)
7) Packing List
8) Health Certificate
9) Non-Radioactivity Certificates
10) Certificate of Analysis, indicating percentage of Moisture Content
11) Fumigation Certificate
12) GMO Certification
13) Cargo Manifest
14) Waiver of Northern Corridor Transit Transport Authority (NCTTA) Levy 

Clearance Procedure

1. Obtain a delivery order from the shipping line,
2. Lodge an entry “on line” within the Customs SIMBA system indicating to which “Licensed Transit Warehouse no.” the cargo will be stored in, mode of delivery ex Kenya and the appointed exit border point.
3. Execute a bond with customs equivalent to the value of duty payable on the consignment had the consignment been for home use.
4. Customs approves the entry with a validity of 15 days within which cargo must have exited from the country. Subsequent 15 days extensions can be granted upon application to customs/transit monitoring unit (TMU)
5. Clearing agent pays all port charges to obtain a Mombasa Port Release Order (MPRO).
6. Documents are then presented for verification and conformity to import requirements to Kephis, KEBS and the port health.
7. Customs monitors discharge to ensure all cargo discharged is received into the designated transit warehouse.
8. For every truck or rail load, necessary customs transit forms must be processed in the on line SIMBA system for the respective quantity.
9. The licensed transit truck must then pass through a designated transit route and report for verification/stamping of docs at every transit monitoring office along the route until the border crossing.

Notes

1. Goods that are passing through Kenya on transit to other countries are also subject to VAT charge. This is usually addressed through a transit bond that the freight forwarder executes on behalf of the consignee. The bond is cancelled once proof of export is provided.  Goods that do not attract any VAT - (Zero rated goods) - require a 10% compliance charge (incentive bond) - which is cancelled once export certification is provided.
2. Upon request to and authorization by the Commissioner of Customs, Customs Officers can be deployed to any border crossing of interest at the client's own cost, ie. El-Wak border crossing shared with Somalia.