Some unscrupulous dealers convicted of engaging in illicit trade are exploiting a loophole in the law allowing them to settle such cases out of court.
The Anti-Counterfeit Agency believes this is protecting those convicted from the full impact of the legal process.
According to the latest report by the Anti-Counterfeit Agency in 2018, two hundred and three illicit trade cases were filed in court with fifty-seven of them opting for out of court settlements.
Statistics indicate that counterfeit goods account for 40% of goods in the local market share with 70% of them imported through porous borders.
The latest report by the Anti-Counterfeit Agency indicates that electronics including mobile phones, computers and television sets are the most counterfeited at 66.9% with stationary items such as writing pads being the least counterfeited.
They believe lenient laws are undermining efforts geared at fighting illicit trade since most dealers convicted for engaging in illicit trade capitalize on alternative dispute resolution mechanisms once found culpable; to skip full prosecution.
The anti-counterfeits agency says there is an increase in counterfeiting cases in the digital space due to challenges in verification of the products sold on Instagram or Facebook and lack of regulation of the internet.
Currently, statistics indicate that 19 percent of Kenyans buy counterfeit goods knowingly while 81% of them purchase the fake goods unknowingly.