REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MOMBASA

CONSTITUTIONAL AND JUDICIAL REVIEW DIVISION

PETITION NO. 101 OF 2021

[Formerly Nairobi Petition No. E466 of 2021]

AMANI TECHNOLOGY LIMITED……...…………………………………1st PETITIONER
BEATRICE MWANULI NYABERA…………………………………….…2nd PETITIONER

VERSUS

THE ATTORNEY GENERAL……………………………………………..1st RESPONDENT
THE ANTI-COUNTERFEIT AGENCY…………………...……………...2nd RESPONDENT
THE EXECUTIVE DIRECTOR, ANTI-COUNTERFEIT
AUTHORITY……………………………………………………………….3rd RESPONDENT

AND

THE DIRECTOR OF PUBLIC PROSECUTIONS…………...……..INTERESTED PARTY

JUDGMENT

The Petitioners’ case as I glean it from the Petition dated 2nd November 2021 is that the 2nd Petitioner was arraigned in Mombasa Chief Magistrate’s Court Criminal Case No. 1454 of 2019, Republic v Beatrice Mwanuli Nyabena charged with the offence of importing into Kenya, packaging material with a counterfeit mark applied thereto contrary to section 32(n) as read with section 35(1) (a) of the Anti-Counterfeit Act1(herein after referred to as the Act). He also faces a second count of importing into Kenya, in the course of trade, goods or items except raw materials that is unbranded contrary to section 32 (k) as read with section 35(1)(a) of the Anti-counterfeit Act.t

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