Milimani Chief Magistrate Susan Shitubi acquitted Mukinyi Mwakavi, a director of Wincop Services Limited, who had been charged alongside his company over alleged counterfeit Hewlett Packard (HP) products.
Businessman faced counterfeit allegations
Mwakavi and Wincop Services Limited faced two charges under the Anti-Counterfeit Act No. 13 of 2008.
The prosecution accused them of possessing counterfeit goods worth KSh9.7 million while conducting business.
They were also accused of making counterfeit goods valued at KSh4 million without authorization.
The alleged offences involved HP-branded products, including toners and cartridges.
Defence challenges prosecution evidence
Mwakavi, who operates shops along Tsavo Road in Nairobi’s Central Business District, denied the allegations.
He was represented by lawyers John Ochieng Ogada and Beth Njeru.
The prosecution relied on evidence from Anti-Counterfeit Agency officers and representatives of Hewlett Packard, including Halliday Finch, who claimed they recovered counterfeit products and tools used to make them during a raid.
The officers seized the goods and transported them to the Anti-Counterfeit Agency depot at Kyangombe before arresting the businessman.
Court questions handling of exhibits
In her judgment, Magistrate Shitubi raised concerns over the handling of the seized goods.
The court noted that some of the items allegedly recovered during the raid were not presented as exhibits.
The magistrate also found that samples taken for testing had been disposed of before being produced in court.
The prosecution witnesses admitted during cross-examination that some exhibits used for testing were no longer available.
Chain of custody issues raised
The defence argued that the prosecution failed to prove a proper chain of custody for the seized goods.
Lawyer John Ogada asked the prosecution to provide records showing the movement of exhibits from the Kyangombe depot to another storage facility in Athi River.
However, the records were not produced in court.
The defence argued that the missing records raised doubts about whether the exhibits had been tampered with.
Court finds prosecution case unproven
Magistrate Shitubi ruled that the integrity of the prosecution evidence had been compromised.
She found that several exhibits had been interfered with or were missing by the time they were presented in court.
The court concluded that the prosecution failed to prove the counterfeit charges beyond reasonable doubt.
The magistrate acquitted Mwakavi and Wincop Services Limited.
However, the court ordered that the seized goods be forfeited.
