Four Arraigned For Selling Fake Face Masks To Hospital

Four Arraigned For Selling Fake Face Masks To Hospital

A court has arraigned four suspects on Thursday, January 13, for selling fake surgical face masks worth Ksh11 million (N40m) to Aga Khan University Hospital in Kenya.

Dr Kimani Muthami, William Muthee, Sylvia Wambui and Lilian Owour were charged to court alongside their companies Johngrey Communication limited, Davetronics Company Limited and Real Time Company Limited.

They all pleaded not guilty to seven counts of selling counterfeit goods contrary to the law. It was alleged that on diverse dates between December 30, 2021, and January 18, 2021, they jointly conspired to sell 20,000 fake pieces of 3M branded masks valued at Ksh11 million without the authority of 3M Company, the registered owner of 3M trademark.

In the count of aiding the sale of counterfeit goods, they are all alleged to have sold the said masks while imitating the protected goods in such a manner and to such degree that those counterfeit goods are substantially similar copies of the actual products.

The hospital's lawyer, Toyo Advocate objected to the release of the suspects on bail pending trial. He also stated that two of the suspects failed to appear in court on several occasions to plead to the charges.

However lawyer representing the accused persons, Kibiru Jenga pleaded with the court for leniency, claiming his clients will attend court when required.
Ruling on the case, Justice Esther Kimilu said;

“After considering the mitigation for bail from the suspects’ advocate and also considering that the prosecution has not objected to releasing of the suspects on bail, I hereby release the suspects on a bond of Ksh700,000 or alternative cash bail of Ksh300,000."

The matter will come up for hearing on February 7, 2022.