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

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.

Based on the information provided, supplying counterfeit goods is both a breach of contract and a criminal offence under Kenyan law. We can immediately issue a formal demand for a full refund, report the supplier to the Anti-Counterfeit Authority for investigation and possible seizure of the goods, and pursue civil recovery of the purchase price and any losses incurred due to customer returns. If the supplier remains uncooperative, we can escalate the matter through the Small Claims Court or Magistrate’s Court depending on the amount involved, while also taking steps to prevent further losses and protect your business from liability.