Petition No. 524 of 2016,Milimani Law Courts,Platinum Distillers Limited vs The Hon. Attorney General,CS Interior,IG National Police,ACA,EABL
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
CONSTITUTIONAL & HUMAN RIGHTS DIVISION
PETITION NO. 524 OF 2016
In the matter of Articles 22, 23, 40, 47, 50 (2) (n), (l),
165 and 258 of the Constitution of Kenya, 2010
and
In the matter of contravention of Fundamental Rights and Freedoms
under Articles 40, 47, and 50 (2) (n), (l) of the constitution of Kenya
and
In the matter of the Counterfeit Act, CAP 130 A Laws of Kenya
and
In the matter of section 10 of the Standards Act, Chapter 496, Laws of Kenya
BETWEEN
Platinum Distillers Limited........................................................... Petitioner
versus
The Hon. Attorney General................................................ 1stRespondent
The Cabinet Secretary for Interior and
Coordination of National Government.......................... 2ndRespondent
The Inspector General National Police Service........ 3rdRespondent
The Anti-Counterfeit Agency............................................... 4thRespondent
East African Breweries Limited................. 5thRespondent
JUDGEMENT
The petitioners case
Briefly, the petitioner avers it manufactures, packs and distributes alcoholic drinks. Among its products is beer packaged in 50 litre keg barrels which is the subject of this petition. The petitioner states that the said barrel is uniquely branded and engraved with the petitioners name and Logo and it is clearly distinguishable.
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