Republic of Kenya
In the Court of Appeal at Nyeri
Civil Application No. NYR 118 of 2020

Anti-Counterfeit Agency - Applicant

and

John Kariuki T/A Khifram Limited - 1st Respodent
Uzuri Foods Limited T/A Golden Harvest Mills - 2nd Respodent
Officer Commanding Station, Runyenges - 3rd Respondent

(Application for stay of execution pending the hearing and determination of an intended appeal a gainst the judgment and decree of the High Court of Kenya at Embu ( J.) dated 17th November 2020 in HC Const. Pet No. 5 of 2019)

RULING OF THE COURT

The applicant, the Anti Counterfeit Authority is before us in a motion on notice dated 14th December 2020 in which it seeks stay of execution of the judgment and decree of the High Court of Kenya at Embu ( J.) dated 17th November 2020, pending the hearing and determination of an intended app eal. By the said judgment the learned judge found that the applicant had violated the 1st respondent s rights and fundamental freedoms and warded him damages of Kshs 500,000 The background to the application is briefly that officers of the applicant, a state agency established under the Anti-Counterfeit Agency Act, 2008 descended on John Kariuki s (the 1st respondent) business premises where he was manufacturing and packaging flour for his own company and for the 2nd respondent, Uzuri Foods Ltd and sei zed bags and bales of flour, packaging bags, a stitching machine, a weighing machine and some documents. The 1st respondent was arrested and detained overnight at Runyenjes Police Station where he was charged with manufacturing counterfeit goods. He was r eleased on a cash bail of Kshs 50,000.

The 1st respondent filed a petition in the High Court for, among others, damages for breach of his constitutional rights and fundamental freedoms, return of his seized goods, an order to quash the charges against hi m, and an order for release of his cash bail. The petition was resisted on the grounds that the 1st respondent was packaging low quality flour using the 2nd respondent s brand name and logo.

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