NJOROGE: Why brute force alone can't win war on counterfeits

As the World Anti-Counterfeit Day is observed today, we are reminded of the timeless wisdom of African proverbs, one of which says, “a man who uses force is afraid of reasoning.”

It resonates with the fight against counterfeit trade, in which the enforcement authorities are often tempted to respond with brute force alone. Yet, we must, instead, also seek to understand the deeper forces that give life to this shadowy economy.

Counterfeiting is not just a violation of intellectual property or a breach of trade ethics,it is a mirror reflecting the structural inequalities that shape everyday choices for millions of Kenyans.

The 2024 Consumer-Level Survey by the Anti-Counterfeit Authority revealed that 42.5 per cent of consumers knowingly purchase counterfeit goods because they are cheaper, while 33.75 per cent cited ease of access as their primary reason.

These are not simply decisions made in ignorance—they are rational responses to an economic environment where survival often trumps over standards.

Let us confront the reality: the counterfeit economy thrives in the very spaces where formal markets have failed to serve with equity. It fills shelves in informal markets, dominates digital platforms, and seeps into our rural economies—not because consumers inherently support illegality, but because the formal alternatives are often priced out of reach or too distant to access.

And these are not benign knock-offs of luxury fashion or pirated entertainment. Our data shows that counterfeit infiltration is most dangerous in essential sectors: 89.28 per cent of consumers reported encountering fake pharmaceuticals, 89.16 per cent noted counterfeit agricultural inputs, and 81.89 per cent highlighted fake automotive parts.

These are life-threatening incursions into our health, food, and transportation systems. They compromise safety, weaken national productivity, and rob Kenyans of their right to quality goods.

The distribution networks are equally telling. Street vendors (59.37 per cent), kiosks (54.42 per cent), and online platforms (31.27 per cent) have become primary access points for counterfeit goods.

Alarmingly, even supermarkets—long considered bastions of consumer trust—appear in 21.31 per cent of reported cases. The blurred line between formal and informal distribution signals that counterfeit trade has woven itself into the very fabric of our economy.

To dismantle this parallel system, we must shift our lens from blame to systemic reform. Counterfeiters exploit not just regulatory loopholes, but the everyday realities of cost and convenience.

The long-term solution lies in making authentic goods more affordable and accessible to all Kenyans. This can be achieved through policies that support local manufacturing, reduce input costs, and extend legitimate distribution networks into underserved areas.

Subsidies on essential goods, especially those produced domestically, can give the formal sector a fighting chance against counterfeit competition.

Equally important is investing in smart verification technologies—QR codes, mobile authentication platforms, and blockchain traceability systems—empowering consumers to verify authenticity with a simple scan or SMS. These tools must be made widely available and affordable, particularly for small businesses and producers, if they are to be adopted at scale.

But even this is not enough. The counterfeit economy is not simply the result of ignorance—it is the child of inequality. And so, raids and seizures, while necessary, are insufficient.

The work before us demands a whole-of-society response—one that addresses economic disparity, retools the informal sector, and educates consumers not just on the risks of counterfeits but on their power to demand better.

In charting the way forward, we are called to remember that effective leadership is not only about action—it is about insight. And insight begins with listening to the data, to the consumer, to the trader navigating thin margins, and to the manufacturer squeezed by unfair competition.

We must not merely criminalise the counterfeit economy; we must displace it with a system that is more just, more inclusive, and ultimately, more trusted.

As the Anti-Counterfeit Authority, we are not merely in the business of seizures and enforcement. We are in the business of rebuilding confidence in the market, safeguarding innovation, and protecting the mwananchi from exploitation. This is our commitment. And as custodians of public trust, we must act—not with fear, but with reasoned courage.

Because, as African wisdom teaches us, “when the roots are deep, there is no reason to fear the wind.”

The Writer is the Executive Director, Anti-Counterfeit Authority (ACA)