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ISSUE 22
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NEWS UPDATES
Enforcement Updates
By. (I.P) Mutegi Rinkanya
e Kenya Copyright Board is mandated
by the Act to administer and enforce
copyright and related rights in Kenya. To
this end, it established an Enforcement
department which consists of the Legal and
Enforcement units.
e Legal unit currently consists of ve
legal counsels who have been appointed as
copyright prosecutors under Section 43(1)
of Cap 130 and 9 police ocers from the
National Police Service appointed under
Section 39 (1) as copyright inspectors.
It is important to note that under Section
39 (1) It is the duty of the Kenya Copyright
Board for the purpose of enforcing this
Act appoint such number of inspectors as
the Board consider appropriate and shall
issue in writing or in such form as may be
prescribed, certicates of authority to act
such inspectors. e issue of imposters
has extensively been highlighted through
the board’s complaints channels; the board
has established a joint agreement to have
continuous trainings to enable the ocers
make informed decision while dealing with
all parties that report to them on issues
related to copyright.
In accordance with Section 382 (1) and
382 (2) of the Penal Code Cap 63 of the
Laws of Kenya, it is an oense to personate
a public ocer. Anyone found guilty of this
oense is liable to a jail term of 7 years.
Raids
In quarter 1 (July - September) the Board
registered 12 cases, two suspects have
appeared before court and ned 50,000 and
30,000. In default to serve a jail term of 1
year all under section 36 of the Copyright
Act.
Training
e enforcement unit has conducted
the following trainings on copyright and
related rights.
a) Police Training
Kitui Central Police Division –
trained 31 police ocers from
Matinyani, Nzambani, Mbitini,
Itoleka and Kabati Police Stations.
CID Training school - trained
32 police ocers of the rank of
sergeant and senior sergeants
who were undergoing station
commander’s course.
b) Other Training
KECOBO in conjunction with
Hemmso Solutions - trained 78
principals drawn from dierent
secondary schools within Meru
Central sub county.
St. Paul’s University Nakuru
Campus – trained 51 students.
Distribution Of IEC Material
During the entire trainings of the rst
quarter the department supplied one
thousand and y seven (1057) IEC
materials to the trainees and police station
commanders.
Multichoice Operations
Under section 38 (1) (c) which deals
with distributing infringing broadcast
signal, the department raided 2 operation
houses in Mombasa and 3 houses within
Nairobi County and all the ve cases were
registered as PA (Pending Arrest of
Known Accused) aer the exhibits were
seized and the owners went into hiding
during the operation.