Chinese Clearing And Forwarding Agent In Court For Being In Possession Of Counterfeit Goods

By The Weekly Vision

A Chinese national Mr Liu Yiman has been charged in court alongside his two employees, Peter Munge and George Mugendi for being in possession of counterfeit goods. Mr Yiman’s fellow director, Cai Liang, was not however in court to take plea. The court heard that on April 30, 2024, at Unit A3, Floor 0, Gold Rock, Plot 27694/A5 Mombasa Road, they were found in possession of goods bearing a protected trademark, LORENZETTI.

The said goods included nine cartons of Maxi Duchi Lorenzetti shower heads, each containing 28 pieces valued at Sh3,472. They appeared before the Milimani Principal Magistrate Rose Ndombi and denied the charges. The defence lawyer pleaded with the court to release the three accused persons on lenient bond terms, saying they were their respective families’ sole breadwinners. “Your honour, I pray to this court to release the accused persons on lenient bond terms considering they have families who rely on them,” the lawyer pleaded.

The prosecution did not oppose their release on bond but urged the court to consider that Liu Yiman is a Chinese national, hence a flight risk. “Your honour, we do not oppose their release on bond, but to put the court aware, Yiman is a Chinese national and a flight risk,” submitted the state prosecutor.

He urged the court to put stringent bond terms accompanied with conditions to ensure he appears in court for trial. The prosecutor further urged the court to release a warrant of arrest to Cai Liang, who did not appear to face charges.

The state counsel further asked the court to order him to produce his passport in court. However, the defence lawyer informed the court that Liang is currently in China, preparing to return to the country to face charges, and he is not on the run as alleged by the prosecution.

The lawyer requested the court not to confiscate his passport since it is the only means of identification he has. She assured the court that the accused would be appearing wherever needed.

In his brief ruling, the magistrate ordered the accused to deposit a Sh1 million bond each with a surety of a similar amount each or alternative cash bail of Sh300,000. She further ordered the Chinese national to report to the DCI office once a month as investigations continue. The matter was scheduled for mention on September 17, 2024, for pre-trial and directions.