REPUBLIC OF KENYA

IN THE CHIEF MAGISTRATE'S COURT AT KITALE  CRIMINAL CASE NO.2129 OF 2016

REPUBLIC - VS- (1) DOUGLAS MBUGUA

                       (2) SUSAN MWANIKI

JUDGMENT

The accused persons DOUGLAS MBUGUA and SUSAN MWANIKI have been charged jointly with the offence of having in possession in the course of trade counterfeit goods contrary to section 32(a) as read with section 35(1) of the Anti-counterfeit Act 2008 laws of Kenya. The charge is contained in 8 counts.

Particulars are that on 26/4/16 at about 1.30 pm at WAKI SUPPLIERS AGENCIES in Kitale town within Trans-Nzoia County being owner and employee

respectively and others not before court they did have in their possession

COUNT I: 5 pieces of each model of HP Black toner cartridges models 12A, 83A, 05A each valued at Kshs. 7200/=, 7,200/= and 8,300respectivley calculated to be confused with genuine HP toner cartridges which is a protected good under trade mark no.67361 owned by Hewlett Packard Limited all valued at Kshs. 113,500/=.

COUNT II: 10 pieces of each model of HP Black toner cartridges model 126A and 85A each valued at Kshs. 5.500/= and 6,800/= respectively calculated to be confused with genuine HP toner cartridges which is a protected good under trade mark no. 67361 owned by Hewlett Packard Limited all valued at Kshs. 123,000/=.

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