Articles

REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
JUDICIAL REVIEW DIVISION
JUDICIAL REVIEW MISC. NO. 36 OF 2017

Republic……………………………………………………………………………..….Applicant
Versus
Anti-Counterfeit Agency…………………...………………………………..........1stRespondent
Director of Public Prosecutions……………………………………………….....2ndRespondent
And
Mashwa Brewries Limited………………………………………..………….Interested Party
and
FRM (EA) Packers Limited……………………………………………...1st Ex parte Applicant
Francis Mathenge Kigo………………………….…..…………………..2nd Ex parte Applicant

JUDGMENT

The parties

1. The first applicant is a limited liability company incorporated in Kenya under the provisions of the Companies Act1 and having its registered offices in Nairobi. It undertakes the business of manufacturing and distribution of alcohol by the brand name “Santa King Ice.”

2. The second applicant is an adult of sound mind and a director of the first applicant.

3. The first Respondent, the Anti-Counterfeit Authority is a body corporate with perpetual succession and a common seal established under section 3 of the Anti-Counterfeit Act2 (herein after referred to as the Act). It is capable of— (a) suing and being sued; (b) taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; (c) borrowing and lending money; (d) charging fees for services rendered by it; (e) entering into contracts; and (f) doing or performing all such other things or acts necessary for the proper performance of its functions under the act, which may lawfully be done by a body corporate.

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