Copy of Judgement Criminal Case No. 372 of 2017 - Republic versus Francis Njugunah Karanja
REPUBLIC OF KENYA
IN THE CHIEF MAGISTRATE'S COURT AT NAIVASHA
CRIMINAL CASE NO. 372 OF 2017
REPUBLIC............................................... PROSECUTOR
VERSUS
FRANCIS NJUGUNAH KARANJA.............................................................. ACCUSED
JUDGMENT
Background
- The accused person is charged with the offence of being in possession in the course of trade, counterfeit goods contrary to Section 32(a) as read with Section 35 (1) (a) of the Anti-Counterfeit Act. The particulars were that on 14/12/2016 at about 1500hrs at Mashwa Breweries Limited located at Industrial area in Naivasha town the accused person did have in his possession in the course of trade counterfeit goods namely: 400 masters portable spirit with brandy flavour (250m1) @ KES 150 total value Kshs. 600; 100 masters portable spirit with vodka flavour (250m1) 150 total value Kshs.15,000 all valued
at Kshs. 75,000 without the authority of Hari Distributors Ltd the owners of the trademark "MASTER" protected under Trade Mark No. 57851 under Trademark Act. - In Count II the accused person is charged with manufacturing for the purpose of trade counterfeit goods contrary to Section 32 (b) as read with sections 35(1) (a) of the Anti-Counterfeit Act. The particulars were that on 14/12/2016 at about 1500hrs Mashwa
Breweries being a limited company and the accused person being a director in their plant Mashwa Breweries Limited located at Industrial Area in Naivasha town the accused person was manufacturing in the course of trade counterfeit goods namely: 400 masters portable spirit with Brandy flavour (250m1) @ Kshs.150 total value Kshs. 60,000 and 100 masters portable spirit with vodka flavour (250m1) ©Kshs.150 total value Kshs. 15,000 all valued at Kshs. 75,000 without the authority of Hari Distributors Ltd the owners of the trademark "MASTER" protected under Trade Mark No. 57851 under Trademark Act.
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