ACA pushes track-and-trace law for packaging as 19% of Kenyan goods deemed counterfeit

KENYA – Kenya’s Anti-Counterfeit Authority has warned consumers about counterfeit alcohol refilled in genuine branded bottles and packaging, as the agency pushes for a mandatory track-and-trace system to combat illicit trade affecting approximately 19 percent of all products in the Kenyan market.

ACA Executive Director Dr. Robi M. King’a urged buyers to stay vigilant, particularly when prices fall suspiciously below market value or when product packaging displays subtle discrepancies, noting that a familiar bottle and packaging do not guarantee authentic contents. 

He advised consumers to carefully inspect labels, trademarks, packaging details, and vendor credibility prior to purchase, emphasising that packaging is often the first and only indicator of a product’s authenticity. 

Counterfeiters increasingly replicate packaging elements such as holograms, barcodes and tamper-evident seals, making it difficult for consumers to distinguish genuine products from fakes. 

Underground Production and 15% of IP Complaints Linked to Packaging and Alcohol

Unlicensed establishments frequently distribute suspected counterfeit alcohol, severely hindering enforcement agencies from tracing product origin, with illicit operations also thriving within residential estates. 

King’a highlighted a recent multi-agency operation in Eastleigh where public intelligence led to product seizures and arrests. 

The authority receives nearly 300 intellectual property rights complaints annually, with approximately 15 percent directly involving alcohol manufacturing and distribution. 

Strong consumer demand for cheaper goods and persistent supply chain vulnerabilities fuel the expansion of illicit trade, with counterfeiters exploiting gaps in packaging traceability to introduce fake products into the market.

Track-and-Trace Mechanism and Packaging Authentication

To address these gaps, the ACA is working to activate statutory provisions that mandate a robust track-and-trace mechanism for commercial goods, with packaging playing a central role in product authentication. 

King’a stated that current production lacks track and trace features that would enable authorities to track where a product emanated from, where it is being consumed and distributed, adding that packaging is critical to this process as it carries the unique identifiers needed for tracking. 

The proposed mechanism aims to streamline market surveillance while enforcing greater accountability on bar operators and distributors, with King’a cautioning business owners against prioritising profit margins over public safety. 

The ACA continues joint operations alongside the Kenya Revenue Authority, NACADA, KEBS, and the National Police Service, with private sector partners including the Association of Beverage and Alcoholic Industries in Kenya joining a targeted 100-day campaign against counterfeits.

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