Artur hit KRA man, inquiry told
Story by LUCAS BARASA and MUGUMO MUNENE
Publication Date: 7/12/2006
The Nation, Kenya
July 11 2006
One of the Artur brothers punched a bewildered Customs official
and drew two guns to scare a surging crowd at the Jomo Kenyatta
International Airport.
They vowed not to pay duty on closed circuit television (CCTV) cameras
their associates had imported, insulted Customs officials and members
of the public and then forced their way out of the airport.
Once on the road, they put on the sirens on their vehicles to clear
other motorists off the way.
The details of the stand-off with the Customs official, which minutes
later degenerated into gun drama reeled off at the inquiry yesterday,
as officials from the Kenya Revenue Authority took to the witness
stand to tell their recollection of the fateful June 8 evening.
Assisting counsel Dorcus Oduor confers with lawyer Philip Murgor
after the Kiruki commission of inquiry adjourned its sitting at the
KICC in Nairobi yesterday. Photo/Fredrick Omond
It is that drama that culminated in the deportation of the Artur
brothers, and ultimately led to the inquiry.
Grab a badge
A Customs department’s revenue officer, Mr Nelson Ochieng’, told the
commissioners that Mr Artur Margaryan attempted to grab a badge from
a senior officer only named Mr Nambale, touching off the commotion.
At one point, Mr Margaryan threatened to shoot Mr Nambale and destroy
everything in his office if the goods were not released and the guests
left to go, the commission investigating the Armenians’ activities
was told.
The stand-off started when Customs officers asked Mr Margaryan to pay
duty on cameras, whose value they gave as $550 (about Sh40,700). But
they refused.
As Mr Nambale, assisted by Mr Ochieng’ wrestled back the badge from
Mr Margaryan, the Armenian delivered a punch before letting go of the
badge and taking off from the baggage hall exit towards the parking
lot. According to the witness, Mr Margaryan whipped out the two
pistols about two steps away from the baggage hall exit. The brothers,
Mr Ochieng’ added, did not pay duty for the CCTV and other equipment
tabled as evidence before the Commission following a disagreement
with Customs officials.
And a public relations officer working with the Airport Taxi Operators
Association, Ms Teresa Wangui Ndegwa, and whose work station is within
the baggage hall, told the commission that Mr Margaryan had prior to
the commotion made frantic calls on his cell phone.
"My lords, I heard Mr Margaryan speak into his cell phone and say:
‘I’m not going to pay anything. As the commotion ensued, I left my
desk and exited the baggage hall through the staff gate towards the
parking lot. At the parking lot, one of the Artur brothers drew a gun
at the crowd and said: ‘Stupid Africans! The one who wants to fight
can step forward,’" Ms Ndegwa testified.
Mr Ochieng’, the commission’s 20th witness, told of how Mr Margaryan
abused customs officials calling them "Monkeys!" and "You Africans!"
as the rumpus unfolded.
Mr Ochieng’ who has worked at JKIA for 15 years said he reported to
work at 6.30pm on June 8, when Foreign Affairs protocol officer Paul
Latoya accompanied by two duty free supervisors presented a piece of
luggage for clearance.
However, Mr Ochieng’ insisted on seeing the owners of the black
suitcase and two brown bags and demanded that they produce their
passports.
"They were trying to clear the goods without the owners, but I refused
because I wanted to verify if the owner of the luggage was the owner
of the passport as required," Mr Ochieng’ said.
Mr Latoya, the witness said, went and brought one of the Artur brothers
and two others, including a lady, but they declined to have their
luggage opened and said they were "investors of big things and these
are small things."
When the luggage was later opened, it was found to contain seven CCTV
cameras, receivers and cables the passengers said were worth a total
of US$550 (about Sh40,700).
And when asked to produce invoices for the goods, the passengers,
Mr Ochieng’ said, became unruly and "used nasty words".
Mr Ochieng’ said he consulted his boss, a Mr Nambale, who ordered
that the goods be detained until payment of duty, which stood at
about Sh23,000.
Mr Margaryan and his bodyguard, the Commission heard, joined them
as they were discussing payment of duty and asked: "Are you the chap
calling us?"
He then instructed his bodyguard to load the goods onto a trolley,
which was pushed outside the baggage with Mr Nambale and other customs
official in hot pursuit.
A policeman in civilian and Mr Ochieng’, however, came to Mr Nambale’s
rescue and managed to repossess the pass.
Mr Ochieng’ said a huge crowd, which was waiting for passengers,
started shouting as Mr Margaryan left, before he drew two guns from
his pocket "and people got scared."
Mr Ochieng’ said Mr Nambale informed KRA assistant commissioner, Ms
Florence Otori, of the incident who later held a meeting with Trade
and Industry minister Dr Mukhisa Kituyi at the airport.
Chairman Shedrach Kiruki said it was the first time the inquiry had
received evidence that Mr Margaryan whipped out two guns on that
fateful evening.
Lawyer Gibson Kamau Kuria appearing for Ms Winnie Wangui made spirited
attempts in cross-examination to show that the Artur brothers only
acted the way they did in self-defence from a hostile crowd.
The witness denied Dr Kuria’s assertion that he bragged "kumuonyesha
(to teach a lesson)" Mr Margaryan because he (Mr Ochieng’) was a Luo.
He performed his duties as required by KRA and not "as a Luo… or
any other tribe," he said.
Mr Ochieng’, who looked exhausted, could not properly pin-point Mr
Margaryan and Mr Sargsyan in copies of their photographs and airport
passes tabled before the commission.
"I can’t remember because (photographs) in the airport passes look
different," Mr Ochieng’ said in response to a question by the assisting
counsel Dorcas Oduor.