A middle-aged woman was arraigned before Milimani Law Courts where she faced charges of stealing infringing copies contrary to section 38 of the Copyright Act.
Caroline Kathambi Nkiiri is said to have been found selling infringing copies of a set book titled ‘BEMBEA YA MAISHA’ by Timothy M. Arege. According to the prosecution, the said copies subsist in the name of Access Publishers Limited.
According to the charge sheet, the accused was arrested on June 14, 2022, at Fallon Bookshop and stationery within Lois plaza along Latema road in Nairobi County while selling the said books.
Appearing before Milimani Chief Magistrate Micheni Wendy, the accused pleaded guilty to the offense.
Her defense lawyer in mitigation told the court that the accused person was a first-time offender and that he has made an attempt of conducting the publisher of the book and apologized, further he told the court that the accused had vowed to be purchasing the original copies of the said book from the legal publishers to avoid a similar scenario in future. He also told the court that the accused was very remorseful and pleaded with the Court to issue a noncustodial sentence or grant a minimal fine quoting that the said copies of the books cost about Ksh 1,000.
The prosecution side confirmed to the court that indeed the accused person was a first-time offender and that it had no previous records of her.
The court listened to both sides but noted that the offense deserved a fine to serve a deterrent effect. As a result, the accused was fined Ksh 50,000 in default to serve 6 months in prison.
