Mukinyi Mwakavi counterfeit goods charges
Nairobi, Kenya – Milimani Chief Magistrate Susan Shitubi has acquitted businessman Mukinyi Mwakavi, a director of Wincop Services Limited, of charges relating to the possession and manufacture of counterfeit goods valued at over KSh 13 million.
Charges Against the Businessman
Mwakavi and his company faced:
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Count 1: Possession of counterfeit goods worth KSh 9,790,509 in the course of trade, contrary to Section 32(h) as read with Section 35(1)(a) of the Anti-Counterfeit Act No. 13 of 2008.
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Count 2: Making counterfeit goods valued at KSh 4,052,340 without authority, contrary to Section 32(b) of the same Act.
The prosecution alleged that the businessman operated shops along Tsavo Road in Nairobi CBD, where he dealt in Hewlett Packard (HP) toners and cartridges, including counterfeit items.
Prosecution’s Case
According to court documents:
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Anti-Counterfeit Agency (ACA) officers, accompanied by representatives of HP’s investigators, Halliday Finch, raided the shops.
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Several items branded as HP toners, cartridges, and tools allegedly used in making counterfeit goods were seized.
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The goods were transported to the ACA depot in Kyangombe, then later moved to a store in Athi River.
Prosecutors argued that the seized items were clear evidence of counterfeit operations.
Defense Arguments
Mwakavi was represented by lawyer John Ochieng Ogada, assisted by Beth Njeru. They successfully poked holes in the prosecution’s case, arguing that:
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Key exhibits were not presented in court.
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Some samples allegedly tested for authenticity had been disposed of before trial.
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There were gaps in the chain of custody, as no records showed how exhibits were moved from Kyangombe to Athi River.
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Evidence suggested possible tampering with the seized goods.
Court’s Findings
In her ruling, Chief Magistrate Susan Shitubi found the prosecution’s case unreliable:
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Many seized goods had either been interfered with or disappeared before being produced in court.
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The integrity of the evidence was compromised, making it impossible to prove the charges beyond a reasonable doubt.
While the court ordered that the seized goods be forfeited, both Mwakavi and his company were acquitted of all charges.
Significance of the Ruling
The acquittal underscores the importance of proper handling of exhibits in counterfeit and fraud-related cases. Legal experts note that poor chain of custody and mishandling of evidence continue to derail Kenya’s fight against counterfeit trade.