50
CAP. 506
Trade Marks
[Rev. 2009
(i) he had, at the time of the sale, no reason to suspect that
the trade mark was not genuine; and
(ii) on request made by a police officer or customs officer,
he gave to that officer all the information in his power
with respect to the person from whom he obtained such
goods.
Aiding and abetting
offence.
5 of 1994,
4 of 2002.
58F. Any person who within Kenya procures, counsels, aids,
abets or is accessory to the commission outside Kenya of any offence
which, if committed within Kenya would be an offence under this Part,
is himself guilty of an offence and liable to a fine not exceeding two
hundred thousand shillings or to imprisonment for a term not exceeding
five years or to both.
Evidence.
5 of 1994.
58G. (1) Any invoice or other document submitted or used by
an importer or any other person in connection with the importation of
goods in respect of which a prosecution is brought under this Part may
be produced as evidence in any criminal proceedings without calling
the person who prepared or signed it.
(2) In any prosecution for an offence under this Part, evidence
that any imported goods were shipped at any port of call shall be prima
facie evidence that those goods were grown, manufactured or produced
in the country within which that port is situated.
(3) Where, in any prosecution for an offence under this Part, the
consent of the proprietor of a trade mark is a relevant issue, the onus of
proving the consent of such proprietor lies on the accused.
Forfeiture of goods.
5 of 1994.
58H. (1) On conviction of any person for an offence under this
Part, the court may, in addition to any sentence passed, declare any
goods in respect of or by means of which the offence was committed
to be fortified to the Government, unless the owner of the goods or any
person acting on his behalf or any other person interested in the goods
shows cause to the contrary.
(2) After any goods in respect of or by means of which it is
suspected an offence under this Part has been committed are seized by a
police officer and no prosecution is instituted following that seizure(a) the magistrate shall, on application by a police officer, cause
a notice to be published in the Gazette and in a newspaper
circulating in the area stating that unless cause is shown to
the contrary at the time and place specified in the notice such
goods will be declared forfeited; and