Judgement Criminal Case No. E061 of 2020 - Republic v/s Kushal Alkesh Simzia & Anor TA Peekay Distributors
REPUBLIC OF KENYA
IN THE PRINCIPAL MAGISTRATE'S COURT AT MSAMBWENI
CRIMINAL CASE NO. E061/2020
REPUBLIC
-VS-
KUSHAL ALKESH SIMZIA ........................................................... 1ST ACCUSED
PREMAL ALKESH SIMZIA............................................................. 2" ACCUSED
JUDGEMENT
The accused people, Kushal Alkesh Simzia & Premal Alkesh Simzia, have been charged for the offence of Importing into Kenya Counterfeit Goods contrary to Section 32(f) as read with Section 35(1)(a) of the Anti-Counterfeit Act, 2008, Laws of Kenya.
Particulars of the offence are that on 18th July 2020 at around 1153hours in the verification area at Lungalunga one Stop Border Point (OSBP) within the County of Kwale, using a motor vehicle registration numbers KCC 165X, KCH 326H and KBV 525S you did import into Kenya Counterfeit goods, to wit 1,628 cases with each containing 24 bottles and totalling to 39,072 bottles of counterfeit 300ml Afia Juice each valued at Kes. 30/- making a total of Kes. 1,172,160/- without the authority of Kevian Kenya Limited the registered owner of Afia Fruit Drink a registered trademark registered under Trademark Registration Number 110930 in Class 32 which good imitated the protected goods in such manner and to such a degree that those in the counterfeit goods are substantially similar copies of the protected goods.
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