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The High Court has upheld the seizure of 83 suspected counterfeit Scania parts from a Syokimau spare parts dealer and declined to stop the prosecution of one of its directors.
Justice R.E. Aburili dismissed a petition by Malori & Buses Parts Limited and director Harold Shakke Mwang’ondi against the Anti-Counterfeit Authority (ACA), Scania East Africa Limited, the Attorney General and the Director of Public Prosecutions in a judgment delivered on 11 November 2026.
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How the counterfeit Scania parts case started
On 19 March 2026, ACA inspectors, police and Scania East Africa staff visited the dealer’s premises in Syokimau and seized 83 Scania-branded items under sections 23 and 25 of the Anti-Counterfeit Act, recorded under Inventory Serial Number 4803. ACA said it acted on a formal complaint and intelligence reports, and that the law does not require notice before a seizure. It also argued the petition was premature because the dealer had not used the statutory dispute route first.
The dealer said the goods were genuine, citing invoices, M-Pesa payments and gate passes for fuel filters bought from Scania East Africa, and aftermarket parts imported from suppliers in Dubai and cleared through KRA’s customs system. It said Scania closed its trade account after the raid, which it called “commercial sabotage”, and complained that ACA withheld the complaint and analysis report and kept the goods beyond 45 days.
What Scania told the court
Scania East Africa’s parts manager said six samples, a centrifugal repair kit, water separator, oil filter, O-ring, fuel filter and brake pads, were examined against genuine standards and found counterfeit. He cited incorrect packaging, colour deviations, missing country-of-origin markings, flawed sealing and use of the Scania trademark in large type instead of a small compatibility reference.
The samples were passed to him by the brand protection agent, Protection Masters Trading Limited. He said some of the dealer’s Scania invoices were authentic, but the seized items did not match the genuine stock sold under them, and that customs clearance “does not constitute conclusive proof of authenticity”.
What the court decided
The court found no evidence of “malice, bad faith, or abuse of power” by ACA, Scania or the DPP, and held that the goods were lawfully seized for investigation. Ordering their release “would therefore interfere with law enforcement”, the judge said. Because the director has already been charged, the strength of the evidence will be tested in the criminal court, where he is presumed innocent.
The ruling on the counterfeit Scania parts does not settle whether the items are fake. Claims for general and special damages failed, and each party will bear its own costs because the criminal case is still pending. The counterfeit Scania parts will stay with ACA until the trial court decides on them.
On the counterfeit Scania parts claim itself, the dealer had argued that Scania’s closure of its trade account amounted to abuse of market dominance, but the court made no finding against the brand owner.
What fleet owners should check
Counterfeit Scania parts matter because Scania East Africa, as the court heard, is a registered dealer of genuine Scania vehicles and spare parts in Kenya, and fleets rely on its parts network. For transporters, fake filters and brake pads are a safety and cost risk. Buyers can confirm product standards through the KEBS S-Mark check and import rules in the KEBS PVoC guide. Brand owners can protect names through trademark registration in Kenya. ACA has used similar powers before, as in its fake fertiliser seizure in Kakamega.
Frequently asked questions
What did the court decide in the counterfeit Scania parts case?
It dismissed the dealer’s petition, upheld the seizure of 83 suspected counterfeit items and refused to stop the director’s prosecution.
Where were the parts seized?
At Malori & Buses Parts Limited’s premises in Syokimau on 19 March 2026.
Which parts did Scania say were fake?
Six samples: a centrifugal repair kit, water separator, oil filter, O-ring, fuel filter and brake pads.
Is the dealer guilty?
No finding of guilt has been made. The criminal case will decide that, and the director is presumed innocent until proven guilty.
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