Is selling counterfeit goods a crime? What the law says about fakes
Anti-Counterfeit Act; Anti-Counterfeit Authority · sources read 5 Oct 2026
Making, stocking for trade, selling or importing counterfeit goods is a crime: a first conviction can bring up to 5 years in jail, a fine of at least 3 times the retail price for each fake item, or both. Brand owners and buyers of fakes can complain to the Anti-Counterfeit Authority.
- Where
- Anti-Counterfeit Authority, National Water Plaza, 3rd Floor, Dunga Road, Industrial Area, Nairobi (hotline +254 20 2280000)
Steps
- If you bought or saw fakes, complain to the Anti-Counterfeit Authority. The law says it must act on a consumer's complaint.
- If your brand or product is being copied, you (or your licensee or agent) can lay a complaint with ACA's Executive Director.
- If you expect fake imports of your product, apply to have them seized and detained at entry. The application must be handled within 3 working days.
- Call the ACA hotline on +254 20 2280000, or visit National Water Plaza, Industrial Area, Nairobi.
Watch out
- Bringing in a fake for your own private and domestic use is not the import offence. The law targets trade.
- Repeat offenders face up to 15 years in jail or a fine of at least 5 times the retail price.
- Courts weigh the danger fakes pose to health and safety when setting the penalty.
Who this covers
- Owners of a trade mark, copyright or other IP right, and their licensees or agents.
- Any consumer or buyer who suspects goods are counterfeit.
Official sources (2)
- Anti-Counterfeit Act (Cap. 510, No. 13 of 2008), version of 31 December 2022 new.kenyalaw.org · read 5 Oct 2026
- Contacts aca.go.ke · read 3 Oct 2026