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................................................ 1^stRespondent

The Cabinet Secretary for Interior and

Coordination of National Government.......................... 2^ndRespondent

The Inspector General National Police Service........ 3^rdRespondent

The Anti-Counterfeit Agency............................................... 4^thRespondent

East African Breweries Limited................. 5^thRespondent

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.

 Download Full Judgement in PDF (55KB)