Definition of counterfeit in Kenyan 2008 Anti-Counterfeit Act too vague
Kenya high court says it could undermine access to affordable medicines
The United Nations agency charged with fighting HIV/AIDS has welcomed a decision by the Kenya high court that an existing national law opposing fake drugs is too loosely worded and could promote the seizure of generic medicines made by legitimate manufacturers.
UNAIDS’ executive director Michel Sidibé said: ‘The vast majority of people in Kenya rely on quality generic drugs for their daily survival. Through this important ruling, the…court…has upheld a fundamental element of the right to health.’
Judge Mumbi Ngugi found that the definition of ‘counterfeit’ within Kenya’s 2008 Anti-Counterfeit Act was ‘too vague and could undermine access to affordable generic medicines since the Act had failed clearly to distinguish between counterfeit and generic medicines’. She called on Kenya’s parliament to review the law and remove ambiguities that could spark arbitrary seizures of generic medicines within campaigns against counterfeit drugs.
Sidibé claimed the decision was ‘an important precedent for ensuring access to life-saving drugs around the world’.
