This document provides guidelines on the auction of goods stored in customs warehouses in Kilindini, Kenya. It outlines the process for: 1) Receiving goods into the warehouse from various sources; 2) Shortlisting goods for auction based on time spent in the warehouse; 3) Preparing an auction list by valuing and inspecting goods; and 4) Conducting the auction sale according to customs regulations and withdrawing any goods claimed by importers before the sale. The overall aim is to auction goods not cleared from customs warehouses within the required time limits.

1. CUSTOMS WAREHOUSE, KILINDINI
Issue: A Revision: 0 Date: 14.03.11
ISO 9001:2008 CERTIFIED
CUSTOMS SERVICES DEPARTMENT
GUIDE ON AUCTION OF
GOODS
Drafted by: Customs Warehouse Keeper: Mr. Job Ouma…………………………………
Checked by: AC Kilindini: Mr. E.M Siringi…………………………………
Reviewed by: SAC Kilindini: Mr. John Ogwayo…….………………………
Approved by: DC CSD/SR: Ms. Rose Gichira………………………………

2. ISO 9001:2008 CERTIFIED
CUSTOMS WAREHOUSE, KILINDINI
KRA/CSD/WHSE/001/11 Page 2 of 4
Issue: A Revision: 0 Date: 14.03.11
Section 42 of the EACCMA provides that, Where any goods which have been
deposited in a Customs warehouse are not lawfully removed within thirty days
after deposit, then the Commissioner shall give notice by publication in the
Gazette that unless such goods are removed within thirty days from the date of
notice they shall be deemed to have been abandoned to Customs for sale by public
auction and may be sold in such manner as the Commissioner may deem fit,
Provided that any such goods which are of a perishable nature, or are animals,
may be sold by the proper officer without notice, either by public auction or by
private treaty, at any time after deposit in the Customs warehouse.
1. RECEIPT OF GOODS
Goods are received into the warehouse through:-
i. A want of Entry list in case of un-entered goods from Container Freight Stations
according to Section 34 of EACCMA read together with Section 42
ii. Goods sent to Customs warehouse list in case of un-entered goods from KPA
according to Section 34 of EACCMA read together with Section 42
iii. F89 in case of both entered & un-entered goods according to Section 16(3) &
Section 43 of EACCMA read together with Regulation 143 EACCMA, 2006 and DI 4.
iv. Seizure Notice (C53) in case of both entered & un-entered goods according to
Section 213(1) EACCMA DI 4.
Customs warehouse Keeper fully relies on the information given/submitted in the above
documents at such times of preparation of list of goods to be gazetted for Auction.
2. SHORT LISTING GOODS FOR AUCTION
a) Section 42 of the East Africa Community Customs Management Act, 2005 authorizes
the Customs Warehouse keeper to sell any goods deposited in the Customs
Warehouse Subject to the conditions set out in Part 1&3 of DI 4.
b) After short listing is done as above the list is sent to all departments to check and
report back if they have any pending cases with the Consignments before the list is
sent to The Commissioner’s Office for Gazettment.

3. ISO 9001:2008 CERTIFIED
CUSTOMS WAREHOUSE, KILINDINI
KRA/CSD/WHSE/001/11 Page 3 of 4
Issue: A Revision: 0 Date: 14.03.11
c) On amendment of the list in any, according to the responses from the said
departments is made the list is the sent to the Commissioner’s Office for final
checking, and ratification/approval before sending the same to the Government
Printer for gazettment or returned for amendments as the Commissioner may
deem fit. It is also at this stage that any anomaly in the list should be detected and
Customs warehouse Keeper advised accordingly i.e. Goods whose statutory entry
period of 21 days had been extended, Goods with pending Court cases etc.
d) It is the Gazette Notice that gives the Customs Warehouse Keeper the authority to
open containers after the Owners/agents have been notified of the intention of
sale. He then gives the same authority to KEBS, & Port Health to inspect the goods
for fitness and compliance with required standards.
3. PREPARATION OF AUCTION LIST
• The Gazette Notice is forwarded to Valuation & Tariff department for verification
of contents and valuation of the same for determination of the Reserve Prices
according to DI 4 Part 4. It is only the Valued goods which are offered on the
auction day and those NOT valued re-submitted for Valuation in the next auction
• The Gazette Notice is also forwarded to KEBS, & Port Health to inspect the goods
for fitness and compliance with required standards. It is only good cleared by the
said bodies which are offered for sale on the auction day and those NOT inspected
re-submitted for inspection in the next auction and that Condemned goods are
struck off from the Auction list.
• The purpose for gazettment is to enable any stakeholder i.e. Importers, agents etc
with any issues in relation to the Consignments to come up with documentary proof
of ownership and intention to clear the goods to the Commissioner. Customs
Warehouse Keeper therefore receives such letters from Importers/agents and
withdraws the subject goods from the Auction list in accordance with Routine
Order No. 2 of 01st
November, 2010 and DI 4 Part 2-02.

4. ISO 9001:2008 CERTIFIED
CUSTOMS WAREHOUSE, KILINDINI
KRA/CSD/WHSE/001/11 Page 4 of 4
Issue: A Revision: 0 Date: 14.03.11
4. AUCTION SALE
The Customs Warehouse keeper conducts the Auction as the Auctioneers according the
Conditions of sale outlined in Regulation 207 of EACCMA, 2006 & DI 4 Part 2-02-1 and
important to note is that according to Section 243 of EACCMA auctioneers legislation of
any partner state does not apply to customs auction sales.
Good NOT sold are dealt with in the manner prescribed in Routine Order No. 1 of 08.02.02
However there has been difficulty in fully implementing the provisions of this Routine
Order in the recent past and as a result NO floating has been done.