The Government would like to clarify that the charges levied to the television crew that is accompanying American Senator Barack Obama, on his arrival at Jomo Kenyatta International Airport on Thursday evening of August 24, 2006, are requirements of Kenyan Law.

The crew was charged fees as stipulated by Section 143 of the Customs and Excise Act, as read together with Legal Notice Number 338 of 18th October, 1995.

This part of the law requires that all filming equipment that enters the country (whether for journalism, other television productions or motion picture), be charged a non-refundable fee of one percent (1%) of the value of the equipment or Kshs. 30,000, whichever is lower.

These charges are levied regardless of whether the equipment is to be used for a short period or is to be later shipped out of the country. Crews can opt to have clearing agents assist them with the paperwork. The agents in turn charge their own fees.

The allegations that there was corruption involved in the clearing of the television production equipment of the CBS2 crew are totally unfounded.

Investigations by Government have established that during the levying of fees, no Kenyan Government official or agent working at the airport asked for a bribe or any side facilitation payments. The only monies asked for were those stipulated by law. Official Government Customs receipts were issued to the crew to cater for the customs charges.

Because the crew had arranged before arriving in Kenya to be assisted by a private agent, then, any payments made to the agent were as per the non-government arrangement between the crew and the agent.

Every country has a right to charge customs fees and levies as per its laws. Charging of such fees does not amount to corruption. The paperwork involved may be inconveniencing but that is part of the procedures that need to be followed to ensure accountability and transparency. The crew accompanying Senator Obama was required to fulfill regulations that every other foreign crew undergoes on arrival in Kenya.

DR. ALFRED N. MUTUA,
PUBLIC COMMUNICATIONS SECRETARY & GOVERNMENT SPOKESPERSON

August 26, 2006