The fight against counterfeit goods in East Africa and across the wider African region is becoming increasingly important as governments seek to protect consumers, support legitimate businesses and strengthen regional trade. The Anti-Counterfeit Authority (ACA) of Kenya has been at the centre of efforts to promote stronger cooperation and harmonised laws to address the growing trade in fake products.

The push for unified regional laws aims to ensure that countries work together to identify, investigate and stop the movement of counterfeit goods across their borders. Counterfeiting is not a problem that one country can effectively eliminate on its own because products manufactured, packaged or sold illegally in one country can easily find their way into neighbouring markets.The initiative also highlights the importance of consumer protection, public health, intellectual property rights and economic development. As regional trade expands, authorities face increasing pressure to ensure that goods entering markets are genuine, safe and compliant with applicable standards.

Regional cooperation takes centre stage in the fight against counterfeiting

The latest developments demonstrate that Kenya is seeking to strengthen cooperation with other African countries to prevent counterfeit products from moving freely through regional markets. On October 21, 2026, the ACA reported its participation in the 7th Africa Public Sector Conference and Awards in Accra, Ghana, where representatives discussed how to facilitate legitimate trade while protecting markets against counterfeit goods. Kenya has the Anti-Counterfeit Act No. 13 of 2008, which prohibits trade in counterfeit goods and established the Anti-Counterfeit Authority. The law also provides a framework for protecting intellectual property rights and coordinating efforts against counterfeiting.

However, the existence of national laws does not automatically guarantee that enforcement will be consistent throughout the East African Community.

A product considered counterfeit under one country's legal framework may encounter different procedures or enforcement requirements in another. Differences in definitions, penalties, inspection powers and legal processes can complicate investigations and allow offenders to exploit gaps between jurisdictions.The ACA's strategic plan identifies the territorial nature of intellectual property rights as a significant challenge to cross-border enforcement in the East African Community. It also discusses an East African Community Anti-Counterfeit Bill drafted in 2011 and presented to the East African Legislative Assembly, which had not been enacted into law according to the plan.

A harmonised regional framework could help address these difficulties by establishing common standards for identifying counterfeit products, investigating offences and coordinating enforcement activities.

It could also clarify how national agencies should cooperate when counterfeit products are manufactured in one country, transported through another and sold in a third.

Importantly, harmonisation would not necessarily require every country to abolish its existing laws. Instead, countries could agree on common minimum standards, compatible enforcement procedures and mechanisms for sharing evidence while maintaining their respective legal systems.Food and beverages: Products sold under false labels or produced in unsafe conditions can expose consumers to health risks.

Cosmetics and personal-care products: Unverified ingredients may cause skin irritation, burns or other adverse reactions.

Electrical appliances: Substandard components can increase the risk of overheating, electric shocks and fires.

Automotive spare parts: Fake components may fail unexpectedly and place drivers, passengers and other road users in danger.

Agricultural inputs: Counterfeit seeds, fertilisers and pesticides can damage crops, reduce yields and threaten farmers' incomes.

The ACA has highlighted health and safety risks associated with counterfeit goods, particularly products that are manufactured without adequate quality assurance. They may then sell imitation products at lower prices, taking customers away from legitimate businesses and undermining confidence in established brands.

Small and medium-sized enterprises are particularly vulnerable because they may lack the financial resources to pursue lengthy legal proceedings or conduct investigations across several countries.

A coordinated regional framework could help businesses report infringements more effectively and support investigations involving multiple jurisdictions.

It could also improve cooperation between intellectual property offices, customs agencies and market regulators, enabling companies to protect their trademarks and other intellectual property rights.

The ACA's engagement with regional and international partners has repeatedly emphasised the importance of intellectual property protection in supporting innovation, fair competition and economic development. In March 2024, the ACA and Tanzania's Fair Competition Commission renewed their collaboration following a benchmarking and cooperation engagement in Nairobi. The agencies identified information sharing, public awareness, research, expertise exchange and stronger investigative networks as areas for cooperation.

The partnership reflects the importance of collaboration between Kenya and Tanzania, whose markets are connected through substantial cross-border trade.

In November 2025, Kenya's ACA also worked with the World Intellectual Property Organization (WIPO) and the Japan Patent Office to host a sub-regional seminar on intellectual property enforcement in Nairobi.

Participants included enforcement officials, customs officers, prosecutors and intellectual property administrators from Kenya, Uganda, Ghana, Nigeria, Ethiopia and Zimbabwe. Discussions covered border enforcement, online intellectual property crime, evidentiary standards and cooperation between agencies.Technology offers new ways to identify fake products

Technology is becoming an important part of the fight against counterfeit goods.

In March 2025, the ACA and Uganda's Anti-Counterfeit Network launched the Bleep App, an artificial-intelligence-powered product authentication tool designed to help consumers, businesses and enforcement agencies verify products and report suspected counterfeiting. Strengthening border controls and customs enforcement

Border controls remain a major component of the regional anti-counterfeiting strategy.

Counterfeit goods can enter markets through seaports, airports, land borders, warehouses and informal trade routes. Some products may be imported directly, while others pass through transit countries before reaching their final destinations.

Kenya's ACA has highlighted cooperation with the Kenya Revenue Authority at points of entry, intellectual property rights recordation and integration with the KenTrade Single Window as elements of its approach to protecting legitimate trade.Third, information sharing must become more effective. Authorities need reliable channels for exchanging intelligence while respecting national laws, confidentiality requirements and due-process protections.

Fourth, corruption and conflicts of interest must be addressed. Any enforcement system can be undermined if individuals allow illegal consignments to pass through checkpoints or protect businesses involved in counterfeiting.

Fifth, public awareness must improve. Consumers who knowingly purchase fake products because of their low prices can sustain demand, while others may struggle to distinguish genuine items from imitations.

Finally, authorities must balance enforcement with the protection of legitimate traders. Seizures and penalties should be based on credible evidence, transparent procedures and applicable law.Businesses should protect their trademarks, maintain reliable distribution records and report suspected counterfeiting to the relevant authorities.

Retailers should verify suppliers and retain invoices and other purchase records that can help establish the origin of their stock.

Anyone who suspects that a product is counterfeit should report the matter to the relevant national enforcement agency rather than relying solely on social media allegations.

Public education campaigns can further help consumers understand that a cheap imitation may carry hidden costs, including financial losses, health risks and safety hazards.