Republic Of Kenya
In The High Court Of Kenya at Mombasa
Constitution and Human Rights Division
Petition No. 59 Of 2013

In the Matter of Section 15, 16, 25 (A) (B) (D) (I), 26 (I) and 3 of the Anti­Counterfeit Act. 2008 Articles 22(1), 23 and 165(3) Of the Constitution of Kenya 2010.

And

In The Matter Of Alleged Contravention of Fundamental Rights and Freedoms under Article 27, 36 (2) and 47 of the Constitution of Kenya 2010.

And

In the Matter of the Alleged Contravention of Articles 10(I) (B), 10(1)(C), 10(2)(8) and 21(I) of the Constitution of Kenya, 2010

Between

Pany Ahululu Company Limited … Petitioner

And

Anti-Counterfeit Agency … 1st Respondent

Director of Public Prosecutions … 2nd Respondent

And

Societe Bic … Interested Party

Judgement

1. The petitioner is a limited liability company incorporated under the Companies Act. Cap 85 of the Laws of Uganda and it carries on trade in the Republic of Uganda.
   
   
2. The 1st respondent is a state corporation established under the provisions of the Anti­Counterfeit Act. (Act No. 13 of 2008) and charged with the responsibility to combat counterfeiting, trade and other dealings in counterfeit goods, devices and promotes training programmes to combat counterfeiting and co-ordinate with national, regional or international organizations involved in combating counterfeiting.
   
   
3. The 2nd respondent is a constitutional office established under the provisions of Article 157 of the constitution which is mandated to conduct criminal proceedings.

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