KENYA – Court finds businesswoman guilty of importing counterfeit goods

On 17 June 2022, a Nairobi City Court found businesswoman Ms. Rose Nyambura guilty for importing counterfeit circuit breakers into the country. Hon. G. Onsaringo ordered the defendant to pay a fine of Khs 3 million (USD 25445) or in default to serve 4 years in prison, stating that the crime posed a great danger to consumer health and safety. Under the Anti-Counterfeit Act of 2008, it is a crime to sell counterfeit products in Kenya and is punishable with a minimum fine of three times the value of goods and or a jail sentence of up to five years imprisonment.

Ms. Veronicah Matali filed an intellectual property rights complaint on behalf of Havells brand lawyers Roma Arora and Harsh Aggarwal. Under a search warrant, Anti-Counterfeit Authority inspectors seized 11,340 pieces of counterfeit Havells miniature circuit breakers worth Ksh 13 million (USD 110 291) that arrived from China at the Kenya Ports Authority Inland Container depot in Nairobi. The international brand Havells is manufactured in India and not in China.

Ms. Matali stated that, “Counterfeit circuit breakers have significant safety risks to households. They lack internal safeguards, resulting in a significant risk of fire, explosion, and danger to human life and safety.”

The Nairobi Region Head of Inspections Mr. Martin Luther noted that the case should serve as a warning to other venders attempting to sell or buy counterfeit products, stating that “The Authority works closely with Intellectual Property Rights holders and their Agents and industry partners to target people dealing in importation or sale of counterfeit products”.

Source: Businesswoman fined KSH 3,000,000.00 or in default sentenced to 4 Years in Prison for selling counterfeit Circuit breakers – Anti-Counterfeit Authority (ACA)