Two entrepreneurs and a medical doctor have been charged with selling 20,000 counterfeit face masks worth Sh11 million to Aga Khan Hospital.
They are accused of selling face masks branded “3M” without the authority to do so. The company, 3mTradeMarkNo 42326 owns this trademark.
The accused – Dr Kimani Muthami, who is in private practice, Mr William Muthee and Ms Sylvia Wambui – denied seven counts, including importing counterfeit goods, conspiring to sell them, and aiding their sale.
Dr Muthami is the director of Johngray Communications Ltd, Mr Muthee a director of Davetronics Company Ltd, and Ms Wambui is with Real Time Company.
Lilian Awuor, also of Real Time, faces similar counts. But she did not attend court on Thursday as she was said to be indisposed.
The doctor and the traders were charged that they committed the offences between December 30 2020 and January 18, 2021.
Real Time is charged with importing and selling the counterfeit face masks.
Johngray Communications and the other co-accused were also charged with conducting a business that operated through controlling goods in course of trade.
Their lawyers, Kibiru Njenga and Gachie Mwanza, asked the court to release the suspects on bond, saying they were not flight risks and would turn up to face justice.
But Aga Khan Hospital’s lawyer, opposed the bail plea, claiming the suspects failed to appear in court on several occasions to plead to the charges.
The prosecutor did not oppose the bond application.
The magistrate freed the suspects on a bond of Sh700,000 or an alternative cash bail of Sh300,000 each.
