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Nyanza awash with illicit alcohol

By C, KNA

More than half of the alcohol circulating in the Nyanza region is illicit, the Anti-Counterfeit Authority (ACA) has warned, even as the government steps up a crackdown on the menace.

The Authority said the surge in counterfeit brews and other products was a blow to legitimate manufacturers and distributors, besides denying the government millions in unpaid taxes.

ACA Deputy Director of Education and Public Awareness, Agnes Karingu, said alcohol accounts for over 20 per cent of all counterfeit goods seized in the region, the highest share among targeted products, signalling what she described as a serious public health and safety threat.

“When you compare our seizure data, where alcohol forms more than 20 per cent, with a private sector study showing up to 60 per cent of alcohol in the market may be illicit, then the concern becomes very real,” said Karingu, during a sensitisation forum for security teams and stakeholders in Kisumu.

The Deputy Director said the vice has since grown beyond a commercial crime, now posing grave risks to consumers who may unknowingly purchase harmful products.

Beyond alcohol, electrical and electronic goods account for about 18 per cent of seizures, followed by cosmetics, household items and other fast-moving consumer goods, she added.

Mobile phones have also become prime targets due to high demand.

Karingu further warned that with the planting season currently underway, there was a likely influx of counterfeit agricultural inputs including seeds and fertilizers, as fraudsters take advantage of seasonal demand.

“Counterfeiters follow demand. When it is planting season, fake seeds and fertilizers increase. During top dressing, they shift accordingly,” she said.

Consequently, the agency has adopted a multi-agency approach to crack down on the illicit trade, in line with the Anti-Counterfeit Act of 2008, which mandates ACA to work jointly with other state agencies such as the Kenya Bureau of Standards, Kenya Revenue Authority and the National Police Service.

According to Karingu, under the existing law, first-time offenders face fines of up to three times the value of seized goods, while repeat offenders risk penalties of up to five times the value.

She said prosecutors were increasingly filing consolidated charge sheets to maximize penalties by combining offences under counterfeit, standards, taxation and public health laws.

“Most counterfeit goods are also substandard and often tax has been evaded. When we consolidate charges, courts are able to impose stiffer penalties,” said the Deputy Director, urging manufacturers to protect their intellectual property rights to facilitate enforcement.

On her part, Nyanza Regional Commissioner (RC) Flora Mworoa said Kisumu’s position as a commercial hub and gateway to the East African Community (EAC) makes it particularly vulnerable to infiltration by counterfeit networks operating across borders.

“Kisumu is a gateway to the East African Community and other parts of Africa. We must ensure counterfeit goods do not penetrate our markets,” she said.

Mworoa identified Lake Victoria and border points with Uganda and Tanzania, as key entry routes, noting that security agencies have mounted multi-agency operations in Ahero and along the Migori–Kisii corridor to curb the influx.

At the same time, officers drawn from the Kenya Revenue Authority, immigration, police and other enforcement agencies, have also intensified surveillance at official crossings.

The RC challenged consumers to stop fuelling all forms of illegal trade by opting for suspiciously cheap goods, warning that price distortions were often the first red flag.

“If a product is unusually cheap, compared to what you know, think twice,” Mworoa said.

The forum resolved to strengthen intelligence gathering at the grassroots level including through chiefs and their assistants, even as authorities seek to dismantle counterfeit networks, which are threatening businesses and consumers around the lake region.

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