CRIMINAL CASE NO. E151 OF 2020

REPUBLIC……….................................................... PROSECUTOR

VERSUS

ABDIKARIM ADAN FARAH .............................  ACCUSED

JUDGEMENT

The Charge

Count I, the accused person herein Corner Bondeni Stores Limited and Abdikarim Adan Farah are charged with 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. The particulars of the offence are that the accused persons on 13th July, .2020 at Regional Container Freight Station within the County of Mombasa, being ‘a Limited Liability Company and its Director did import into Kenya counterfeit goods contained in container no. FC1U9740862, to wit 66 cartons containing 15,840 copies of counterfeit books each valued at Kshs.325, making a total value of Kshs.5,148,000, without the authority of Storymoja, the .registered owner of Kigogo, a registered copyright registered under Copyright Registration Number LT-14135, which goods imitated the protected goods in such manner and to such a degree that those counterfeit goods are substantially similar copies of the protected goods.

In count II, the accused persons Corner Bondeni Stores Limited and Abdikarim Adan Farah are charged with 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. The particulars of the offence are that the accused persons on 13th July, 2020 at Regional Container Freight Station within the County of Mombasa, being a Limited Liability Company and its Director did import into Kenya counterfeit goods contained in container number FC1U9740862 , to wit 201 boxes containing 10,050 copies of counterfeit books, each valued at Kshs.618, making a total value of Kshs.6,210,900 without the authority of The Jomo Kenyatta Foundation

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