Skip to content
JudgmentVIACON POLSKA LIMITED VS THE KENYA REVENUE AUTHORITY AND Kenya Ports Authority AND 3 Others1 min read

VIACON POLSKA LIMITED VS THE KENYA REVENUE AUTHORITY AND Kenya Ports Authority AND 3 Others

High Court at Mombasa High Court · · Visram Aleem Alnashir

1. I have considered the application dated 7th May 2026 together with the affidavit in support of even date and the responses of the parties.

2. The applicant is seeking orders to release and repatriate the cargo which it claims was fraudulently imported.

3. I note that there is no objection to the application by the 4th and 5th Defendants subject to payment of relevant taxes and charges that have accrued which are more particularly detailed and set out in prayer No. 2 of the application. I find that allowing the said prayer same will not occasion prejudice to any of the parties.
4. Accordingly, prayer No. 2 is allowed, save that repatriation shall be restricted to the country of origin only.

5. Prayer no. 3 is abandoned by the Applicant on the basis that police assistance is no longer required. Noting the above, the parties agreed by consent that the plaintiff shall pursue repatriation of the cargo in accordance with the law and due process.

6. Each of the parties shall bear their own costs by consent of the parties.

7. Finally, there being no further live issue before the court, the suit is marked as withdrawn with no orders as to costs.

8. The file is marked as closed.