The Anti-Counterfeit Agency has opposed a suit filed at the Nakuru High court seeking orders to compel the agency to release suspected counterfeit gas cylinders worth Sh2.8 million.
The state agency said its officers are still conducting investigations over the seized gas cylinders suspected to be counterfeit. The 119 gas cylinders from different companies were seized from a businessman on June 19 this year within Nakuru town.
According to the agency, officials are acting within the law in detaining the cylinders, and faulted the suit filed by businessman Sammy Ndung’u Mungai on technical grounds.
On the grounds of opposition filed on Friday, the agency argued that the suit is fundamentally flawed. The agency told Lady Justice Janet Mulwa that the suit is ill-conceived and falls below the legal benchmark set for review of orders.
Making reference to a court order made by Justice Mulwa dated July to release an Isuzu lorry which was allegedly used in transporting the cylinders, the Anti-Counterfeit Agency further stated that there are no new evidence to warrant a review of the order.
Mungai is facing 12 counts of being in possession of the property in the cause of trade. But immediately after denying the charges at the Chief Magistrate's court, he moved to the high court seeking release of the cylinders claiming they are not counterfeit.
The businessman wants photographs taken and used by the prosecution as evidence claiming the cylinders were illegally taken. Mungai argued that continued detention of the property, due to its insurance cover running, is costing him loss, and damage.
Justice Mulwa directed the suit be heard on December 3.