The Republic of Kenya
In the Chief Magistrates Court at Mombasa
Criminal Case No. 2239 of 2011

Republic ... Prosecutor

Versus

1. Georam Supplier
2. George Ndungu Gitu ... Accused

Judgement

The accused persons herein were .charged of the offence of importing into Kenya goods contrary to . Section 32 (f) as read together with Section 2 and 35(1) of the Anti-Counterfeit Act 2008 Laws of Kenya. That on the 23rd day of May 2011 at Kilindini Port Mombasa with others not before court being a limited Company and Director respectively did import into Kenya 11,243 pieces of counterfiett battery light 4ft tube fittings which were contained in Container No. PCIU 8198897-1 bearing Phillips Trade Mark which substantially similar and likely to deceive consumers in relation to the goods in respect of which the trade mark PHILLIPS is registered as Trade Mark Number 19131 without the Authority of Koninklyke Phillips Electronics N.V the owners of the trademark, Goods valued at Kshs 7,870,100.00. And in Conunt II imported 2ft tubes fitting valued at Kshs 5,863,100.00 under similar circumstances. The prosecuting Agency lined up five witnesses in a bid to prove its case.

Download Full Judgement in PDF