ACA, established under Anti-Counterfeit Act No. 13 of 2008, is a specialised state corporation operating under the Ministry of Investments, Trade, and Industry. It holds a distinct mandate: to prohibit, prevent, and combat the manufacturing, importation, and distribution of counterfeit goods within Kenyan borders.
Powers and Jurisdiction
Unlike general regulatory bodies, ACA inspectors possess extensive statutory powers akin to traditional law enforcement units. Under the Act, they are authorised to:
- Enter and search premises, vessels, or vehicles without a warrant under reasonable suspicion.
- Seize and detain suspected counterfeit goods, manufacturing equipment, and relevant financial records.
- Arrest and prosecute offenders in specialised intellectual property courts.
The ACA operates under a nationwide jurisdiction but works via a robust multi-agency approach. While the Kenya Bureau of Standards (KEBS) regulates quality and safety, and the Kenya Revenue Authority (KRA) manages taxation and customs, the ACA specifically handles Intellectual Property Rights (IPR) infringement—intervening when a product deliberately mimics or copies an authorized brand’s trademarks, patents, or copyrights.
The Imperative of IPR Import Recordation
For brand owners, the most critical parameter of the ACA’s modern work is the Compulsory IPR Import Recordation. Under recent regulations, any brand owner importing goods into Kenya must formally register their intellectual property with the ACA.
This recordation acts as a digital gatekeeper at ports of entry. It allows customs officials to instantly cross-reference incoming cargo against an authorised database. Shipments lacking valid recordation or explicit manufacturer clearance are flagged, detained, and investigated at the border—stopping counterfeits before they infiltrate the local retail supply chain.
How We Can Help
In an environment where counterfeit automotive parts, consumer electronics, pharmaceuticals, and agricultural inputs are strictly targeted, brand protection requires proactive legal strategy.
Our firm assists corporate clients in navigating the ACA landscape by:
- Managing the complete ACA IPR Recordation process for foreign and local brands.
- Liaising with ACA enforcement officers to initiate market sweeps, intelligence-led raids, and product seizures.
- Defending legitimate businesses caught in regulatory overlaps or supply chain disputes.
Representing clients in criminal prosecutions and civil IP litigation before the courts.
Securing your trademark is only the first step; active enforcement determines your market survival. Contact our intellectual property department today to safeguard your brand’s integrity in Kenya.