A Chinese national and two Kenyan employees were on Wednesday arraigned at the Milimani Law Courts in Nairobi after being accused of possessing counterfeit trade goods in violation of Kenya’s Anti-Counterfeit Act.
The three — Liu Yiman, Peter Munge Mule, and George Mugendi — are alleged to have been found in possession of counterfeit Maxi Duchi Lorenzetti showerheads worth KSh 874,944. They are directors and employees of Choice International Forwarding Company, which is registered in Nairobi and deals in import and distribution of consumer goods.
They all appeared before Magistrate Ndombi and denied the charges, pleading with the court to grant them lenient bail terms as they await the hearing of their case.
Details of the Alleged Offense
According to the charge sheet presented in court, the accused were found with nine cartons of counterfeit showerheads, each containing 28 pieces, at their company premises in Nairobi on April 30, 2024.
The goods were seized following a joint inspection by the Anti-Counterfeit Authority (ACA) and the Kenya Revenue Authority (KRA) after complaints from the brand’s official distributor that fake versions of their products were being sold in local markets.
Investigators said the counterfeit goods bore identical packaging and branding to the original Maxi Duchi Lorenzetti products, making it difficult for unsuspecting consumers to distinguish between the genuine and fake versions.
The counterfeit items were allegedly being prepared for local distribution to retail outlets across the city and other counties before authorities intervened.
Prosecution’s Case
During the hearing, the prosecution outlined the seriousness of the offense, emphasizing that counterfeit products not only harm legitimate businesses but also endanger public safety and undermine Kenya’s economy.
Prosecutors argued that the accused had intentionally imported the goods, knowing they were counterfeit, and sought to distribute them for financial gain.
The prosecution team also requested the court to impose strict bail conditions to ensure the accused do not interfere with witnesses or the ongoing investigations.
“This case demonstrates a deliberate attempt to defraud consumers and breach intellectual property rights protected under Kenyan law,” the prosecutor told the court.
Defense Pleads for Leniency
Defense lawyers representing the three accused individuals maintained their clients’ innocence, saying they were legitimate traders caught in an unfortunate misunderstanding.
They argued that the goods were imported in good faith and that the accused had no knowledge they were counterfeit. The defense further claimed that the case was “a business dispute being criminalized.”
The court heard that the accused were cooperative during the arrest and seizure operation and had fully complied with summonses issued by investigative agencies.
Court Ruling and Bail Terms
After considering submissions from both parties, Magistrate Ndombi granted each of the accused a bond of KSh 1 million or an alternative cash bail of KSh 300,000.
The magistrate noted that while the allegations were serious, the accused were entitled to the presumption of innocence until proven guilty.
She ordered that the counterfeit goods remain in the custody of the Anti-Counterfeit Authority pending further examination and presentation as evidence in court.
The case will be mentioned on a later date for pre-trial directions and to allow the prosecution to present its full list of witnesses, including forensic experts and ACA officials.
Crackdown on Counterfeit Goods in Kenya
Kenya has been grappling with a surge in counterfeit goods across multiple industries, including electronics, pharmaceuticals, construction materials, and consumer goods.
According to the Anti-Counterfeit Authority (ACA), the counterfeit trade costs Kenya over KSh 200 billion annually in lost revenue, reduced investor confidence, and job losses.
ACA Director-General Dr. Robi Njoroge has previously warned that counterfeit trade poses a significant threat to Kenya’s industrialization agenda and urged citizens to purchase products only from verified suppliers.
“The counterfeit industry not only undermines legitimate manufacturers but also puts consumers at risk by flooding the market with unsafe and substandard products,” Dr. Njoroge stated in an earlier briefing.
Public Safety and Consumer Awareness
Counterfeit electrical appliances, such as the showerheads in question, are particularly dangerous as they can cause electric shocks, fires, or water contamination due to poor manufacturing standards.
Authorities have urged consumers to report suspicious or unusually cheap products to ACA through its toll-free line or mobile app to support the ongoing national anti-counterfeit campaign.
What Lies Ahead
The outcome of this case will be closely monitored by both local and international business communities, as it highlights Kenya’s continued efforts to protect intellectual property rights and strengthen its legal response to counterfeit trade.
If convicted, the accused could face heavy fines, imprisonment, or both, under the Anti-Counterfeit Act — penalties aimed at deterring future offenders and safeguarding Kenya’s marketplace from fraudulent practices.