Africa Matters Limited > Our work > Specialist Areas > Anti-Counterfeiting > Case Study III

Case Study III

The Kenya Experience

In the last decade, Kenya, like other developing countries, has seen counterfeits and pirated goods flood many markets. This not only has a negative impact on industrial growth and the business environment, but also threatens human life, especially, when counterfeit drugs and food are consumed by the unsuspecting public. The combating of this illicit trade requires a multi-stakeholder approach that involves the Government of Kenya, the business community, the East African Community, civil society and the media. Prior to the enactment of the Anti Counterfeit Act 2008, the laws governing trademarks and copyrights were outdated and weak.

AML’s Role:

over the last four years, Africa Matters Limited (AML) has been involved in raising awareness and advocating policy and legislative changes to address counterfeits and pirated goods in Kenya in 3 main ways :

1) The National Economic and Social Council of Kenya (NESC): As an International member of the 1^st NESC (2004 – 2007), Baroness Lynda Chalker, the Chairman, championed the concern of businesses in putting anti counterfeiting on the agenda at the various council meetings. The Council endorsed the need for specific Anti Counterfeiting laws that would deter the counterfeiters and pirates from engaging in illegal trading.

2) Kenya Manufacturers Association (KAM): The Anti Counterfeiting Committee of KAM received submissions from AML on the Counterfeits Bill 2008. Some of the advice was included in the recommendations to Kenya’s Parliament, which enacted the first Anti Counterfeiting legislation in the region, the Anti Counterfeiting Act 2008 in Kenya.

3) Fourth Congress on Combating Counterfeits (Dubai, 3-5 February 2008): Baroness Chalker, in raising the plight of Kenyan manufacturers internationally said in her opening statement as of Chair of the session on ‘building anti-counterfeit capacity and capabilities’ that; “The war against counterfeiting will not be won sitting in offices in Europe or North America or even conference halls such as this. It will be won or lost on the ground. If the private sector wants help, as it says, then it must be prepared to help, collectively. It can be done. I have seen the work of the Kenyan Association of Manufacturers which meets monthly to take stock of measures and policies for anti-counterfeiting and anti-piracy in Kenya. When companies get together and have strong committed leaders on the ground, change can really happen”.

The Achieved Results:

The increased advocacy and the interface with senior government and business leaders led to increased and effective responses to combating of counterfeits in Kenya. A new law – the Anti Counterfeiting Act - came into effect at the end of 2008. As part of AML’s continual commitment, In May 2009 Baroness Chalker and Mr Tim Rump (AML Business Director) travelled to Kenya to meet and discuss with the key stakeholders involved in implementing the Act.