The recently formed Inter-Agency Anti-Illicit Trade clique sounds like it could have been a WhatsApp group. In last Friday’s Kenya Gazette, the Minister at the time announced the establishment and appointment of both an Inter-Agency Anti-Illicit Trade Executive Forum (23 members in total) and an Inter-Agency Anti-Illicit Trade Technical Working Group (24 members in total). The Executive Forum and Technical Working Group are apparently expected to deliver on the President’s Big 4 Agenda pillar of enhancing manufacturing so that the sector contributes 15% to the country’s Gross Domestic Product (GDP) from 9.2% in 2016.
In a recent article in the Business Daily titled: ‘Proposed law on counterfeits will hurt businesses’, the foremost intellectual property (IP) law practitioner in the country, William Maema, has faulted Anti-Counterfeit Agency (ACA) on its proposed amendments to Anti-Counterfeit Act previously discussed on this blog here, here and here. In his hard-hitting article, Maema notes:
‘Apart from the vainglorious step of christening the Anti-Counterfeit Agency (ACA) by renaming it the Anti-Counterfeit Authority ostensibly to raise its profile to that of premier parastatals such as the Kenya Revenue Authority, Kenya Airports Authority and Communications Authority of Kenya, the new proposals achieve little else that is praiseworthy. ‘
This blogger has come across the recently published Gazette Notice No. 6612 in which the Chairman of the Anti-Counterfeit Agency (ACA) has appointed 31 persons to be inspectors for the purposes of the enforcement of the provisions of the Anti-Counterfeit Act. Several commentators have raised several serious concerns about ethnic and regional balancing in the appointments although there is no news of any legal or constitutionality challenges filed to challenge the appointments.