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By Franklin Wanjau, Senior Associate at Grant Thornton
Effective 1st July 2025, The Finance Act 2025 through section 44(A) of the Tax Procedures Act, has introduced a requirement for all inbound consignments imported into Kenya be accompanied by a valid Certificate of Origin (COO) issued by the competent authority from the country of export. The COO should thereafter be presented to the Commissioner of Customs & Border Control or an authorized officer as a prerequisite document for cargo clearance at the designated port of entry. This represents a significant policy shift from previous customs practice, where the COOs were primarily obligatory for consignments seeking preferential tariff treatment under various trade agreements.
To enhance regulatory compliance, the Commissioner has granted taxpayers a 90-day transitional period till 30th September 2025, thereby, allowing importers secure the necessary COOs in conformity with the new legislative provisions.
What entails a valid Certificate of Origin (COO)?
- name and address of the exporter;
- name and address of the importer;
- port of origin;
- accurate description of the goods;
- quantity of the goods;
- country of origin; and
- country of destination.
What are the recursions of non-compliance?
Any person who contravenes the provisions of this enactment commits an offence and is subject to enforcement measures by the Kenya Revenue Authority (KRA), culminating in the seizure or forfeiture of the goods. This therefore places the goods under the custody and control of the KRA, preventing their release from customs control or the permanent loss of ownership of the goods.
Conclusion
The purpose of this regulation is to enhance supply chain transparency, ensure accurate customs valuation and strengthen revenue protection by providing definitive evidence of the country of origin. Effective 1st October 2025, all importers ought to accompany the goods with a valid certificate of origin, failure to which shall result in seizure or forfeiture of the goods to the commissioner.