For brand owners, registration is only the first half of the job. Anti-counterfeit in Kenya is about the second half: stopping fakes at the border and in the market. Kenya now requires importers to record their trademarks before goods arrive, and the Anti-Counterfeit Authority has real enforcement powers. This guide explains the rules and the routes.
This guide is for brand owners, manufacturers, importers and distributors who need to keep counterfeits out of the Kenyan market, and for their advisers. It assumes you already hold or are registering the underlying rights. To register a trademark, see our guide to trademark registration in Kenya; to challenge a conflicting mark, see our guide to trademark disputes.
Registering a trademark gives you the right. Enforcement is how you turn that right into protection on the ground. Kenya’s enforcement framework sits mainly in the Anti-Counterfeit Act, 2008 and the Anti-Counterfeit Authority, a statutory body with powers to inspect, seize and destroy counterfeit goods and to prosecute offenders. For a brand that imports, the Act now carries a compliance step that must be done in advance.
The most important recent change is recordation. Under the Act, a person who imports goods bearing a trademark into Kenya must record the intellectual property right with the ACA before the goods are imported. Recordation is done through the ACA’s online system, it is valid for one year, and it must be renewed. The practical effect is significant: a brand that has not recorded its rights can find its consignments held up, and goods imported without recordation can be treated as suspect. So recordation has become a routine, unavoidable step for any brand owner or authorised importer bringing branded goods into Kenya.
Recordation also helps the rights holder. Once the ACA holds your details, it can match imports against your recorded rights and act against consignments that should not be entering the market.
There are three main routes, and they often run together.
| Route | Who drives it | What it delivers |
|---|---|---|
| Recordation with the ACA | The brand owner or importer | Rights on record so imports can be matched and stopped |
| ACA seizure | The Authority | Suspect goods detained and, if counterfeit, destroyed |
| Criminal prosecution | The state | Conviction, fines, imprisonment |
| Civil action | The rights holder | Injunction and damages against the infringer |
The Act treats counterfeiting seriously. A person convicted of dealing in counterfeit goods faces fines and imprisonment, and the goods themselves are liable to seizure and destruction. The exact fine and custodial terms are set by the Act and are calibrated to the offence and whether it is a repeat, so the specific figures should be confirmed against the current text before they are quoted to a court or a client.
Do I have to record my trademark with the ACA? If you import branded goods into Kenya, yes. Recordation must be done before the goods are imported, and it is renewed annually.
What happens if I do not record? Your consignments can be held up and treated as suspect, which is disruptive and costly, so recordation is a practical necessity for importers.
Who seizes counterfeit goods? The Anti-Counterfeit Authority, which can inspect, seize and detain suspected counterfeits, especially at the border.
Is counterfeiting a crime? Yes. Dealing in counterfeit goods is a criminal offence under the Anti-Counterfeit Act, carrying fines and imprisonment, and rights holders can also sue civilly.
Do I need a registered trademark first? Enforcement is far stronger with a registered right, and recordation is built around your registered marks, so register first.
The frequent failures are importing branded goods without recording the rights with the ACA and then facing held consignments; assuming registration alone stops counterfeits without any enforcement step; and letting recordation lapse after the one-year period. Others rely on a single route when the strongest results come from combining ACA action, criminal referral and civil proceedings.
Our intellectual property team helps brand owners record their rights with the Anti-Counterfeit Authority, respond to and drive seizures, pursue criminal referrals, and bring civil enforcement action against counterfeiters and infringers. We build enforcement programmes for brands that import, so protection is in place before goods arrive. To protect your brand against counterfeits, contact John Maina or Kenneth Likoko, Partners, at OLM Law Advocates LLP.
This article is a general guide only and is not legal advice. Please seek advice on your specific circumstances.
OLM Law Advocates LLP protects brands, inventions, designs and content: registration, licensing, cross-border filing and enforcement.
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