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kra harrasment
Rank: Member Joined: 9/13/2006 Posts: 123
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i am really frustrated, i have built up my shop over the last 10 years through sheer hard work and sweat and today i had to part with kshs 35k to a kra inspector for a 15 minute compliance check. with the current economy it takes me over a month to earn the 35k at times and this thief made it in no time! my fault? apparently my etr machine use was not proper! i issue a etr with all sales and keep z reports properly because i fear kra people. but after the kra guy checked everything and could not find a fault he told me to give some tkk and he would overlook things. i told him that nothing doing my business was comlpliant and i would not pay a single cent as it is theft and i cant afford it! in response he removed a "intention to prosecute" kra form, and filled it saying i had contravened section 7, paragraph 6 of vat act and would need to appear for a hearing next week at kra offices. he said o was not issuing proper etr receipts and the fine for my offense was 500k and it was my choice to give him 50k or pay full fine. after much consultation with my fellow shop owners i was advised to negotiate and pay otherwise it could become a big thing as this people have powers and they can gang up at me at hearing. i negotiated payment to 35k but it really pained me to give it to him. it was my hard work for 2 months. please advise if there is anything we can do to prevent this extortion from kra?
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Rank: Member Joined: 11/8/2008 Posts: 68
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with njiraini in place i doubt whether the guy can survive, report the dude anonymously through complaints and compliments section in their website,or kaca, hope u got the name etc Alternatively if in nairobi just state which station your business falls under i.e North,South,West or East. Smoke the guy out!!!!! to be or not to be remains the question
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Rank: Elder Joined: 7/20/2007 Posts: 4,432
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pops...post his name here. i promise you it will pain him more than it pains you now. Go to tweeter do the same thing. you don't have to give your details...Just the story and his name...let him sweat instead. Ama unyamaze ukae vivyo hivyo. Jose: If I make it through this thug life, I'll see you one day. The Lord is the only way to stop the hurt.
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Rank: Veteran Joined: 6/8/2010 Posts: 1,729
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Those guys sometimes they just want to harrass you for nothing. Last time a buddy of mine came with a car registered in Rwanda and he overstayed by 3 days and as it always happens thats the day they will stop to check your docs. They told him many things how they will report that he wanted to evade tax and change number plates here. The guy told them he is paying no bribe they can take him to the commissioner general. As usual the car was impounded and he took his papers to KRA. They took him round and round and slapped him with abill of 1.5m saying that since the car overstayed he is obliged to pay this as import tax on top of that they added a fine of 300k as they said its the fine for the car being in kenya illegally. The guy went up to the director and gave him all the bills slapped on him and told him look, I am an investor in rwanda and i have no intention of relocating to kenya soon, my car is LHD that means i cannot even try to register it in kenya. These are tickets i used when i went back to rwanda for an urgent meeting with clients. How was i supposed to pay for the extension when am out of country. The director called those guys gave them some ethical msomo told the guy to renew the EAC customs paper and move on. He only paid 25k for the process including late payment but he lost a full day Life is an endless adventure
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Rank: Bona-fide Joined: 11/2/2011 Posts: 191 Location: Nairobi
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Really sad but pops expose him here.. Follow us on Twitter @genghiscapital
“Be a yardstick of quality. Some people aren’t used to an environment where excellence is expected.” Steve Jobs,iGenius
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Rank: Elder Joined: 1/27/2011 Posts: 1,777
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This are the kind of guys who make u feel ashamed of being a kenyan. I hope he gets caught in his thievish game and i hope someone has the nerve to roast him. If i had the beliefs of some people i'd probably find a way to make the KRA guy's tummy swell until he returns the 35k to me.
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Rank: Elder Joined: 11/28/2006 Posts: 1,799
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josiah33 wrote:This are the kind of guys who make u feel ashamed of being a kenyan. I hope he gets caught in his thievish game and i hope someone has the nerve to roast him. If i had the beliefs of some people i'd probably find a way to make the KRA guy's tummy swell until he returns the 35k to me.  josiah i thought u are saved.. sasa hi maneno ya karumanzila inatokea wapi.. Pops if u can send njiraini an email with ur complaint and see how fast the guy will be roasted.. am sure kuna mtu hapa wazua anaweza pata email add yake..
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Rank: Member Joined: 9/13/2006 Posts: 123
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thank you all for yr input. i do have his name and designation and where he is based. it would be my pleasure to plaster the details on this forum, but the problem is i have mentioned details of when and how much i gave him so he will know its me who is behind this. it could cause more problems for me later on. u know they are like the police who work as a team. you try and fry one and the whole department guns for you as ur messing with their side incomes. i will try and post an anonymous complaint but would appreciate if anyone can le me know the right email/ tel contact i can use.
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Rank: Member Joined: 6/17/2010 Posts: 572
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@pops, if i were in your position i wouldnt have parted with the 35k in the instance rather i would have taken my chances at the kra hearing if all my dealings are tax compliant because at a hearing every detail for and against you will be scrutinized and the officer involved would have been left with mud on his face 'One headache for famous medieval holy people was that someone might murder you to acquire your body parts for the relics trade'
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Rank: Veteran Joined: 2/3/2012 Posts: 1,317
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Pops the cost of inaction is greater. This guy will come and harass the rest of us. Please dont let fear rule over you.
I was in a similar situation with KIPI. Wanted to register trademark. Trademark official asked for bribe, I declined. He frustrated all my efforts. I took the case to KACA, guy was busted. Thereafter KIPI MD personally handled registration of my trademark
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Rank: Member Joined: 11/8/2008 Posts: 68
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pops wrote:thank you all for yr input. i do have his name and designation and where he is based. it would be my pleasure to plaster the details on this forum, but the problem is i have mentioned details of when and how much i gave him so he will know its me who is behind this. it could cause more problems for me later on. u know they are like the police who work as a team. you try and fry one and the whole department guns for you as ur messing with their side incomes. i will try and post an anonymous complaint but would appreciate if anyone can le me know the right email/ tel contact i can use. try.. cic@kra.go.ke
cg@kra.go.ke
or the man himself john.njiraini@kra.go.ke
i am sure you will get a response
 to be or not to be remains the question
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Rank: Member Joined: 9/13/2006 Posts: 123
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its good to hear all yr views and advice. ithink its important we share our opinions and solution on this to create awareness and educate ourselves better: i was told that if it goes to hearing, the hearing takes place at the kra station office, and the person presiding will be the corrupt officer anyway. they want to now frustrate you more because none of them have got anything or will do because its official and they have to make a example for other traders to avoid this course. basically a etr offense is my word against theirs. say if they say my machine was not giving a proper report or i did a sale without issuing an etr. they will rule me guilty, i will have to pay the fine in full and then i will take the matter to the appeals. note all penalites have to be paid to kra in full up till decision is overturned by a court. furthermore kra can take years to refund you back. so taking all that into consideration i found the 35k much cheaper at the time. can anyone tell me of a better course of action i could have taken, pls lets guide each other.
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Rank: Elder Joined: 3/29/2011 Posts: 2,242
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@Pops, In your case, what you did was what anyone in your situation would have done although it was wrong. To "right" the "wrong" what you are doing is right but shaming the fellow and following up with KRA. I was once in the same situation with City Council askaris who arrested my bro for leaning on the metallic fences along the streets. They arrested him and bundled him in a waiting van and had to pay a release fee of 1k. After paying, i rushed to City Call to report the guys and demanded i pay the right fee for the offense. They took me around a whole afternoon finally i gave up! "Things that matter most must never be at the mercy of things that matter least." Goethe
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Rank: Elder Joined: 7/20/2007 Posts: 4,432
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pops..I can see where you are coming from. But the problem is that you are in a situation where keeping quiet means they've beaten you...Of course they will play games but you would have been heard. A bully loves it when people are quiet. He fears the day someone stands up to him and rewinds those days in his head every day. So they took your 35k...you had to save your business. Of course he knows its you already. If you keep quiet he'll send his buddies tommorow and they will take 50k this time... I think its time you just tell the guy that as long as he took your 35k and your sweat for 2 months, he has to pay and pay dearly. You have already started well...Now gather the courage, get a few witnesses to support your claim and let it rip....You would have saved yourself sleepless nights and would have the gratitude of every kenyan businessman. Kama kimeumana kimeumana Jose: If I make it through this thug life, I'll see you one day. The Lord is the only way to stop the hurt.
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Rank: User Joined: 1/24/2012 Posts: 1,675 Location: In Da Hood
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If i know i have complied with the rules I WILL NEVER PAY A BRIDE !
Lets take the case to its conclusion .
Yet again why should i not comply .
and if i was to go to court lets say it goes that far and i have and know i have compiled with the tax man i would get compensated for the cost of the law suit. so all in all NOT paying a bribe will work for you.Only if you are on the right side of the law.
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Rank: Member Joined: 1/22/2007 Posts: 336
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QW25091985 wrote:If i know i have complied with the rules I WILL NEVER PAY A BRIDE !
Lets take the case to its conclusion .
Yet again why should i not comply .
and if i was to go to court lets say it goes that far and i have and know i have compiled with the tax man i would get compensated for the cost of the law suit. so all in all NOT paying a bribe will work for you.Only if you are on the right side of the law. Bwana mambo ya bride siwezi ongea na kra.I feel that we have a duty to make sure that people who ruin others by threatening them with fines and law jargons are ashamed and made to pay the hard way. Advice is like snow.The softer it lands the harder is sticks.
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Rank: Member Joined: 3/15/2010 Posts: 391 Location: nairobie
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pole pops just work hard and earn your money honestly. its usuall for a few fellaz to harrass businessmen
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Rank: Veteran Joined: 3/26/2012 Posts: 1,182
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More often than not,their threats are meant to intimidate. If you hold your ground,most likely they leave you. But you better be on the 'legal" side of things.
It happened to me last year, some kra lady came slapping me with 500k fine because i made a sale "without" charging VAT. I told her i didn't have the bribe she was asking for, 250k but i promised to do so the following day. Come the following day, before she could even call me, i called her and told her i was at Times Tower and i wanted to meet her . Her response was she was out,she would get back to me in a few minutes. I never saw her again even though she tried calling once. Not unless they have concrete evidence, the thing of "their word against yours" can't take them far.
If just saying someone made a sale without issuing etr receipt makes one legally liable, i guess all businesses would at the mercy of vat officials.
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Rank: Elder Joined: 4/30/2008 Posts: 6,029
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why waste time with the law?do you have any evidence?talk to some people to deal with the guy.
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Rank: Member Joined: 4/18/2011 Posts: 459
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pops wrote: with the current economy it takes me over a month to earn the 35k at times he said o was not issuing proper etr receipts ? @ Pops this maybe abit late though I still think relevant, taking the first statement literally I think if you consult a tax expert you could spare yourself money legally by way of tax avoidance. Secondly u admitted tax liability probably without being sure of the offense you had committed. Thirdly, do KRA officers walk alone? Most of this officers cops etc walk in twos and considering that you didn't get the name of the officer you dealt with or his station, there is a likelihood of paying yet again if another officer comes. I suggest that in future if this happens get the name & number of the officer so he can cover you from his colleagues in future, and also pay him a fee as a consultant so he ensures you are compliant and don't have to keep paying every so often.
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