Can I sue a Kenyan supplier for delivering counterfeit goods after full payment?

In Kenya
Last Updated: Feb 5, 2026
I paid a supplier in Nairobi in full and they delivered stock that appears counterfeit, and my customers are returning it. The supplier is refusing a refund and is now ignoring my calls and emails. What legal steps can I take to recover my money and stop further losses?

Lawyer Answers

Adroit Law LLP

Adroit Law LLP

Feb 6, 2026
In Kenya, the Sale of Goods Act (Cap. 31) protects buyers who pay for goods that turn out to be counterfeit or defective. Under section 14, a supplier must have the legal right to sell the goods and the goods must match the description given. Section 15 requires that where a buyer makes known the purpose for which the goods are needed, the goods supplied must be fit for that purpose. Section 16 further provides that goods must be of merchantable quality, meaning they should meet the standard a reasonable buyer would expect. Where a supplier delivers counterfeit goods, these legal conditions are breached, and the buyer is entitled to reject the goods, demand a refund, or claim compensation for losses suffered, including taking court action if the supplier refuses to cooperate.
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