In its response to a petition by clearing agents, the Authority said that a clearing agent should not use own funds to pay the service charge (levy).

“The payment of this service is at all times to be paid by the importer or exporter of cargo into and out of South Sudan respectively,” the response by Mombasa Monitoring Station-National Revenue Authority of South Sudan filed in court read.

Clearing agents under Kenya International Freight and Warehousing Association (Kifwa) challenged imposition of the levy.

Kifwa claimed that the Mombasa Monitoring Station-National Revenue Authority of South Sudan issued a directive that they should pay the money to a private company in Uganda, Invesco Uganda Limited, for a mandatory tracking system christened Electronic Cargo Tracking Note (ECTN).