The agency argues that existing fines are insufficient to deter offenders as the government intensifies its crackdown on illicit goods Anti-Counterfeit Authority director-general Robi Mbugua with board chairperson Nelson Gaichuhie during a press conference in Nairobi /HANDOUT The Anti-Counterfeit Authority (ACA) is seeking the Attorney-General’s help to review the law and increase penalties for counterfeit traders.
The agency argues that existing fines are insufficient to deter offenders as the government intensifies its crackdown on illicit goods. ACA Director-General Robi Mbugua said the authority was working with the Office of the Attorney-General to amend the Anti-Counterfeit Act, with further consultations involving the Office of the Director of Public Prosecutions on appropriate imprisonment terms.
Under the current law, first-time offenders convicted of dealing in counterfeit goods face fines of three times the value of the products, rising to five times the value for repeat offences. Mbugua said the authority wanted tougher penalties to discourage the trade, which undermines legitimate businesses, deprives the government of revenue and exposes consumers to potentially dangerous products.
“The law says that if you are found with a counterfeit product and convicted of dealing with it for the first time, you can be fined three times the cost of that product. If it is a repeat offence, it will be five times,” he said. The proposed changes are expected to be subjected to public participation as the government seeks to strengthen enforcement against counterfeit products and other forms of illicit trade.
Mbugua cited a 2020–2021 study that estimated Kenya lost about Sh800 billion to illicit trade, with counterfeit products accounting for nine per cent of the losses. He said the broader illicit trade problem also included contraband, substandard goods and products brought into the country without proper customs procedures.
The revenue lost through such activities could otherwise support public spending on services such as healthcare, education and infrastructure, he said.