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

1. 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.
2. 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.

Download Full Judgement (2.7MB)