“An act, it is my view, is not ultra vires if it is found to be within the main purpose, or within the special powers expressly given by the statute to effectuate the main purpose, or if it is neither within the main purpose nor the special powers expressly given by the statute, but incidental to or consequential upon the main purpose and the act is reasonably done for effectuating mandate.” – Justice GV Odunga at paragragh 27.
In a recent High Court ruling in the case of Republic v Assistant Registrar of Trade Marks Ex Parte Strategic Industries Limited & another  eKLR, the court had to determine whether the Registrar of Trade Marks has the power under rule 52 of the Trade Marks Rules to permit further evidence to be adduced after the statutory declaration has been filed under rule 51 of the said Rules.
In the case of Kenya Revenue Authority v Doshi Iron Mongers & another  eKLR, the Court of Appeal was called upon to determine whether Section 5 of the Customs and Excise Act gives an officer of the Appellant (KRA) under the Act powers, rights and privileges akin to those given to a police officer in execution of his duties under Cap 84 of the Laws of Kenya, in particular that such an officer can enforce intellectual property (IP) rights including raids, arrests and seizure of goods not listed under Schedule 8 of the Customs Act.
In the lower court, the respondents had complained that their warehouses in Mombasa and Nairobi were raided between 1996 and 2006 by the appellant for no rhyme or reason, purporting to search for counterfeit, substandard and uncustomed goods particularly ‘BIC’ biro pens, battery cells, and other items at the behest of companies such as Haco Industries who were the assigned users of the trade mark.
At the Fifty-Fifth Series of Meetings of the Assemblies of the Member States of WIPO (October 2015), the WIPO General Assembly, at its Forty-Seventh (22nd Ordinary) Session, decided with respect to the issue of new WIPO External Offices, during the 2016/17 Biennium that priority should be given to Africa. For this purpose, Member States were encouraged to submit their hosting proposals to be considered under the Guiding Principles.
A recent judgment by the Court of Appeal in the case of Mount Kenya Sundries Ltd v Macmillan Kenya (Publishers) Ltd  eKLR involved a copyright infringement claim with respect to two maps of Kenya produced between 1985 and 1990 by the Respondent, Macmillan (now known as Moran Publishers). At the High Court, Macmillan had successfully proved that Mount Kenya had reproduced and sold its maps without its authorisation contrary to the Copyright Act. This High Court decision has been discussed previously here.
In the present appeal, the court reconsidered the evidence, evaluated the submissions of both parties in order to determine several key issues including locus standi (standing to sue), copyright ownership of the maps and copyright infringement of the maps.