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Suspected peddlers of counterfeit medicine charged in court


Two suspected peddlers of counterfeit medicines, who were arrested by detectives in Mombasa, have been charged in court with being in possession of counterfeit medicine among other charges.

At the time of their arrest, the two suspects, Mr Evans Makhulu, 39, and Mr David Mudanya, 40, were found in possession of several packs of suspected Anti-snake venom “Puff Udder”.

Detectives worked jointly with officers from the Pharmacy & Poisons Board to nab the suspects.

Section 32(a) of the Anti-Counterfeit Act of 2008, under which the two suspects were charged, reads:

“It shall be an offence for any person to — (a) have in his possession or control in the course of trade, any counterfeit goods.”

Section 35(1) of the same act states:

“A person convicted of an offence under section 32, shall be liable— (a) in the case of a first conviction, to imprisonment for a term not exceeding five years, or to a fine, in respect of each article or item involved in the particular act of dealing in counterfeit goods to which the offence relates, not less than three times the value of the prevailing retail price of the goods, or both;

(b) in the case of a second or any subsequent conviction, to imprisonment for a term not exceeding fifteen years, or to a fine, not less than five times the value of the prevailing retail price of the goods, or both.”