Intellectual Property: Court of Appeal Backs ACA's Power to Raid and Seize Without Automatic Liability
Case: Anti-Counterfeit Authority v Kariuki t/a Khifam Ltd & 2 others, Civil Appeal E007 of 2021, [2026] KECA 1497 (KLR), Court of Appeal at Nyeri, 24 July 2026
What happened:
A trader had previously won KSh 500,000 in constitutional damages from the High Court after the Anti-Counterfeit Authority (ACA) raided his premises, seized goods it suspected were counterfeit, and arrested him before any charges were filed. The ACA appealed. The Court of Appeal had to decide whether a lawful search, seizure, and arrest under the Anti-Counterfeit Act, 2008 automatically amounts to a violation of constitutional rights simply because it happened. The court overturned the damages award, holding that enforcement action taken on reasonable suspicion and in line with the Act and the Constitution does not, by itself, breach constitutional rights.
Why it matters:
This case recalibrates how much protection a business gets from the mere fact of an ACA raid, and shifts more of the burden onto traders to show something went wrong procedurally.
● A raid, seizure, or arrest by ACA officers is not, on its own, grounds for a constitutional damages claim.
● Businesses challenging enforcement action now need to show the officers acted unlawfully or skipped required procedure — not just that the action happened and was inconvenient or costly.
● The ruling gives ACA firmer legal footing to conduct nationwide anti-counterfeit sweeps across wholesalers, retailers, importers, and distributors.
● It's a boost for brand owners relying on ACA enforcement against counterfeiters, since the agency's raids are now harder to challenge after the fact.
● Traders under investigation still retain the right to challenge a specific raid — but the fight will be about whether due process was followed, not about the raid itself.
Practical takeaway:
If your business imports, distributes, or sells branded goods, keep supply-chain documentation (invoices, authorized-dealer agreements, import records) in order and readily available — that paper trail is now your main defence if ACA officers show up, since simply objecting to the raid itself is unlikely to succeed.
This bulletin is for general informational purposes only and does not constitute legal advice. For advice on your specific circumstances, please contact our office.