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Despite Kenya having various laws and regulations to curb illicit trade, the legal regime has not done much to stop illicit trade in the country. As a result of this, government agencies tasked with fighting illicit trade came up with the inaugural edition of the Enforcement Manual to Combat Illicit Trade in Kenya in 2014 to address enforcement concern against this trade.

The second edition, a revised edition was launched yesterday by the Chief Justice and President of the Supreme Court of Kenya Hon. Justice David K. Maraga at his office in Nairobi. The launch coincided with the opening of a virtual training of judges & magistrates under the program of Continuing Judicial Education on the Protection & Enforcement of Intellectual Property and Related Forms of Illicit Trade in Kenya.

The Chief Justice was accompanied by the Director of the Judiciary Training Institute Hon Justice Hon. Justice Kathurima M’inoti, Chairman of the Kenya Association of Manufacturers Mr. Mucai Kunyiha and the Chair of the Board of the Anti-Counterfeit Authority Ms. Flora Mutahi.

Speaking at the launch event the Chief Justice said ‘This manual is intended as an aid for law enforcement agencies, including those involved in the prosecution of crimes related to illicit trade and the enforcement of the laws against the trade offenders. It will act a guide for prosecutors handling matters related to illicit trade to assist them to be more effective”.

According to the National Baseline Survey Counterfeit and Illicit Trade in Kenya, that was launched in July this year, the total volume of illicit trade stood at Sh726 billion in 2017 and increased to Sh826 billion in 2018. The statistics represent 8.9 per cent and 9.3 per cent of Kenya’s GDP, which is higher than the manufacturing sector’s contribution to the country’s economy.

Illicit trade undermines the concept of a free and open marketplace which is fundamental to improving competitiveness, increasing investment, generating jobs and improving the economic situation (Vision 2030) not only in Kenya but also in all the EAC partner states collectively.

The Chairman of the Kenya Association of Manufacturers Mr. Mucai Kunyiha said that Illicit trade in its varying forms posed a huge problem to manufactures in Kenya. “The financial loses it occasions have affected the private sector where investments in new business have decreased due to an increase in the costs of doing business” He said.
The manual was developed through the collaborative efforts of state agencies and non-state actors that are committed to eliminating illicit trade under the leadership of the National Council on the Administration of Justice and the Kenya Association of Manufacturers (KAM).