The fight against counterfeit goods is becoming increasingly difficult in the digital era, with the Anti-Counterfeit Authority (ACA) warning that outdated laws are struggling to keep pace with increasingly sophisticated criminal networks.
The agency says these networks are now exploiting social media, e-commerce platforms and cross-border supply chains to distribute fake products more efficiently and at greater scale.
Speaking during this year's World Anti-Counterfeit Day celebrations, ACA Board Chairman Nelson Gaichuhie said the rapid evolution of technology has transformed the nature of counterfeit trade, making it harder for regulators and enforcement agencies to identify and stop fake products before they reach consumers.
According to the Authority, the Anti-Counterfeit Act, currently in force, was enacted nearly two decades ago and was designed for a vastly different operating environment.
Since then, counterfeiters have adopted advanced technologies and digital channels that allow them to mimic genuine products with increasing accuracy.
“We have looked at the law, and the law has not kept pace with the criminal. That is why we must modernise our enforcement tools, strengthen legal safeguards and ensure that counterfeiters bear the full weight of the law,” Gaichuhie said.
He noted that counterfeit goods in 2009 were largely simple imitations, but today's products are often engineered to deceive even trained professionals.
The rise of online marketplaces and social media platforms has further complicated enforcement efforts by allowing counterfeit traders to reach consumers directly while concealing their identities and locations.
The challenge is not unique to Kenya. Citing the Organisation for Economic Co-operation and Development (OECD) 2025 Mapping Global Trade Index report, Gaichuhie said cross-border counterfeit trade is valued at about $467 billion (Sh60.5 trillion), representing 2.3 per cent of global trade.
In the European Union alone, counterfeit imports are estimated at $117 billion (Sh15.2 trillion), equivalent to 4.7 per cent of total imports.
Beyond the economic losses, the Authority warned that counterfeit products continue to pose serious health and safety risks.
The World Health Organisation (WHO) estimates show hundreds of thousands of children in Africa die annually due to falsified and substandard medicines, underscoring the human cost of counterfeit trade.
To strengthen enforcement, the Authority has announced the operationalisation of an Anti-Counterfeit Security Device under Section 34B of the Anti-Counterfeit Act.
The tamper-evident and digitally verifiable certification mark will be affixed to designated products and linked to a database managed by the Authority.
“We are introducing the Anti-Counterfeit Security Device as a practical tool to help consumers, enforcement officers and regulators verify whether a product is genuine. This device will make it easier to identify authentic products, strengthen intelligence-led enforcement, and protect Kenyans from counterfeit goods that pose risks to public health and safety,” Gaichuhie said.
The pilot phase will focus on products that directly affect health and safety, including alcoholic beverages, pharmaceuticals, veterinary medicines, fertilisers, agrochemicals, cosmetics, bottled water, edible oils, food products, electrical components and automotive safety parts.
Consumers will be able to verify products using a smartphone, while enforcement officers will scan products at entry points, warehouses and retail outlets.
The Authority is also pushing for a comprehensive review of the Anti-Counterfeit Act to address online counterfeit trading, strengthen penalties for repeat offenders, improve cross-border investigations and incorporate authentication technologies into enforcement.
The proposed amendments are expected to be presented within the current calendar year as Kenya intensifies efforts to protect consumers, businesses and intellectual property rights in an increasingly digital marketplace.
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