Protecting consumers

Fake imports to be seized at border in new directive

Anti-Counterfeit Agency will now impound imported fake goods at the point of entry.

In Summary

• The scope of counterfeiting was extended to include a provision to impound goods counterfeited outside Kenya and them imported into the country.

KAM Central Kenya Chapter Chairman Anup Bid with KAM chairlady Flora Mutahi during a media briefing on Poisonous sugar imported in the Country on June 28,2018.
KAM Central Kenya Chapter Chairman Anup Bid with KAM chairlady Flora Mutahi during a media briefing on Poisonous sugar imported in the Country on June 28,2018.
Image: FLE

Anti-Counterfeit Agency will now impound imported fake goods at the point of entry.

During a review of the proposed Amendments to the regulations for the Anti-Counterfeit Act, the scope of counterfeiting was extended to include a provision to impound goods counterfeited outside Kenya and them imported into the country.

This may lead to destruction of fake goods in the market including illicit alcohol, pharmaceuticals and cosmetics that the country largely imports.

A report released in February by the agency indicated the most counterfeited goods in the market are mobile phones at 51.8 per cent, alcohol at 30.8 per cent, DVD players at 26.4 per cent.

“In regard to the importation of counterfeits, the inspector now has the same power as that of a customs officer such as entry, examination, seizing and impounding of counterfeit goods. That’s why we are now able to conduct more robust inspections in ports of entry,” Trade PS Chris Kiptoo said.

The amendment will be embedded in the Act after backing by the private sector and industry players in a stakeholder forum, who felt they were not protected.

The amendments will also include consumers, as the end users to lay a complaint if they suspect an item is counterfeit with the ACA for investigations.

Previously, only complaints from trademark owners could be investigated.

 In April, ACA seized over Sh 100 million among them a 40-foot container of fake circuit breakers imported from China valued at over Sh 10 million.