Kenya Demands Exporters’ Paperwork for Imports at Port

Kenya now wants proof from the seller’s own customs office before it clears imported goods. Clearing agents say the extra document has slowed cargo at Mombasa; the tax authority says the law leaves it no choice.

Kenya, East Africa’s main trade gateway, has added a second layer of paperwork for goods entering the country. The new Kenya import rules require importers to hold an export declaration issued in the country the goods come from.

The requirement took effect on Tuesday 1 September under the Finance Act 2026. Clearing agents at the port of Mombasa say it has slowed cargo, especially imported vehicles.

What the export declaration rule demands

Importers must obtain and retain an export declaration, export entry, customs export certificate or equivalent document issued in the country of export. It must name the exporter and importer and give the goods’ description, value, tariff code and origin.

KRA says the requirement rests on Section 23B of the Tax Procedures Act. Its stated aim is to check imported goods and the values importers declare for duty.

The document was introduced on 3 August alongside KRA’s Advance Cargo Declaration system for containerised cargo. That system asks for invoices, the bill of lading and the export declaration before goods are shipped to Kenya.

People Daily, a Nairobi newspaper, described it as a five-year document rule, meaning importers must keep the records for that long. That gives customs officers a long reach back into past shipments.

Clearing agents push back

On Monday 7 September, KIFWA, which represents clearing and forwarding agents, called the extra document unnecessary red tape. Agents argued that imported vehicles already arrive with an export certificate, which should be enough.

KIFWA director Ummulkheir Said told The Star, a Nairobi daily, that no vehicles had left Mombasa port or nearby container freight stations since the previous week. He asked KRA to release cargo shipped before 3 August.

Another director, Peter Wambua, warned that delays mean higher demurrage, the daily charges for cargo left too long at the port. Those costs, he said, end up with the agents’ clients.

Freight forwarders and car dealers also say the extra steps make an already costly import process slower and more expensive. The dispute overlaps with a separate court fight over how KRA values used cars.

KRA: the law leaves no room to suspend it

Lilian Nyawanda, KRA’s Commissioner for Customs and Border Control and its acting commissioner general, replied in a statement on 7 September. She said KRA is “mandated to implement and administer legislation enacted by Parliament.”

She added that the authority was working with affected businesses to limit disruption. The Eastleigh Voice, a Kenyan news site, reported that the rule stays in place while consultations with industry continue.

Agents later said KRA had agreed to release their vehicles, The Star reported. They added that no written notice had confirmed it, and no formal suspension has been announced since.

On the used-car valuation dispute, KRA declined to comment because the matter is before the courts. It has also defended stricter import valuation as a way to curb under-declaration by importers.

How the Kenya import rules changed in a year

The export declaration sits on top of an older requirement. Since 1 October 2025, exactly a year ago today, most imports have needed a certificate of origin from a competent authority in the exporting country.

That rule comes from Section 44A of the Tax Procedures Act, as amended by the Finance Act 2025. It took effect on 1 July 2025, with a transition period that ended on 30 September 2025.

KRA’s public notice exempts used goods and motor vehicles, personal baggage, postal parcels, temporary imports and non-commercial samples. If a certificate is missing, KRA may accept an export declaration or similar document pending verification.

Together, the two rules make documents from the seller’s country central to clearing goods in Kenya. A missing paper abroad can now hold up a container at Mombasa.

Why foreign businesses should care

Mombasa handled 45.45 million tonnes of cargo in 2025, up from 40.99 million tonnes a year earlier, according to The Star. The port also serves landlocked Uganda, Rwanda, South Sudan and eastern Democratic Republic of Congo.

Delays there therefore reach well beyond Kenya. A stuck container ties up working capital and can disrupt supply chains for retailers and manufacturers across the region.

For a foreign exporter, the practical step is simple: send the export declaration with the shipping documents before the cargo sails. Used-car exporters are the most exposed, because vehicles sit at the centre of the stand-off.

Port congestion is a wider worry too. Kenya has also had to reassure traders that new radiation scanners will not slow the port, as covered in Kenya Tries to Calm Fears Radiation Scans Will Slow East Africa’s Main Port.

What to watch next

The first test is whether KRA offers relief for cargo shipped before 3 August. Clearing agents also want vehicle export certificates formally accepted as meeting the new rule.

Watch for KRA public notices clarifying which documents satisfy the Kenya import rules for each country. Smaller importers, with little leverage over overseas suppliers, are likely to feel the burden most.

More: Kenya news in English, every day from The Rio Times.

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