The Anti-Counterfeit Authority (ACA) has announced the rollout of a new Anti-Counterfeit Security Device Regime aimed at strengthening the fight against counterfeit goods and enhancing consumer protection across the country.
Speaking in Nairobi during the commemoration of World Anti-Counterfeiting Day, ACA Board Chairman Nelson Gaichuhie said Kenya was moving beyond policy discussions to practical implementation measures in the war against counterfeit trade.
Gaichuhie noted that the Counterfeit Act, which established the authority, was enacted nearly two decades ago and no longer adequately addresses emerging challenges in the modern marketplace.
“The law has not kept pace with the criminals. When the law was enacted, counterfeiting largely took place through traditional trade channels. Today, counterfeiters operate through e-commerce platforms, social media channels and complex international supply chains. We must therefore modernize our legal framework,” he said.
He revealed that the ACA Board had initiated a comprehensive review of the Counterfeit Act of 2008 to address emerging threats, particularly those linked to online commerce and digital marketplaces.
According to the chairman, the global counterfeit trade continues to pose significant economic and public health risks.
Citing international estimates, Gaichuhie said counterfeit trade accounts for a substantial share of global commerce, while counterfeit medicines and other illicit products continue to endanger lives, particularly among vulnerable populations.
“These are not abstract figures. Counterfeit products destroy livelihoods and, in many cases, cost lives. We have a responsibility to protect consumers and legitimate businesses from this criminal economy,” he said.
At the centre of the authority’s latest intervention is the operationalisation of Section 34B of the Counterfeit Act, a provision introduced through the Statute Law (Miscellaneous Amendments) Act of 2018.
The provision requires the recordation of intellectual property rights for imported goods and provides for the issuance of certification marks in the form of anti-counterfeit security devices.
Gaichuhie said the legal framework supporting the programme, including the Anti-Counterfeit Recordation Regulations of 2021, was already in force and that all goods bearing intellectual property rights imported into Kenya must be recorded with the authority.
“The recordation regime is live and the law is already in place. What has been missing until now is the full activation of the authentication mechanism provided under Section 34B,” he said.
Under the new system, designated products will carry a verifiable certification mark before entering the Kenyan market. The mark will be traceable through consumer devices and enforcement tools, enabling both regulators and consumers to verify product authenticity.
“Every scan will reveal intelligence. Every genuine product becomes part of its own defense system,” said Gaichuhie.
The chairman explained that the initial pilot phase would focus on product categories that pose the highest risk to public health and safety.
Among the targeted products are alcoholic beverages, human and veterinary medicines, agrochemicals, seeds, cosmetics, skincare products, portable water, edible oils, food products, electrical and electronic goods, and automotive components such as tyres and brake pads.
“We are starting where counterfeits cause the greatest harm. When counterfeit products kill, the genuine products must be visible. When the counterfeit hides, the genuine must shine,” he said.
Gaichuhie expressed concern over the prevalence of counterfeit alcoholic beverages and electrical products in the market, noting that such products have been linked to poisoning, blindness, fires and deaths.
He said the programme would be implemented in collaboration with key regulatory agencies, including the Pharmacy and Poisons Board, the Pest Control Products Board, the Kenya Bureau of Standards and the Kenya Revenue Authority.
The security device will be integrated with existing government verification and enforcement systems and supported by a mobile application that will allow consumers to authenticate products from anywhere in the country.
According to the chairman, the system will also be linked to the authority’s Anti-Counterfeit Information Management System (AIMS), enabling real-time intelligence gathering and enforcement action.
“When a parent buys medicine for a child, they should be able to scan the product and verify beyond doubt that it is genuine. That is the level of confidence we want to provide to Kenyan consumers,” he said.
Gaichuhie called for support from government agencies, Parliament, manufacturers and brand owners to ensure successful implementation of the initiative.
He urged policymakers to provide the necessary legislative and budgetary support while encouraging manufacturers to view the certification mark as a market-trust asset rather than an additional compliance requirement.
“The genuine mark will become a commercial advantage because consumers will increasingly demand products they can verify,” he said.
He added that the speed and success of the rollout would depend on collective commitment from regulators, industry players and policymakers.
The ACA chairman reaffirmed the authority’s commitment to strengthening intellectual property protection and safeguarding consumers through modern enforcement tools, legislative reforms and strategic partnerships.
“As we move forward, our focus is not only on enforcement but also on building consumer confidence and protecting legitimate businesses. The future of anti-counterfeiting lies in technology, collaboration and a modern legal framework that matches the realities of today’s marketplace,” he said.
by Paskal Osonga
