Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
High CourtDismissedApplication dated 27th April 2026 (arising from Petition dated 23rd September 2025)

Abdirahman Abukar Hassan & another (Applicants) v Anti-Counterfeit Authority & 3 others

High Court of Kenya
25 August 2026
3,057 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~12 min to read original · ~4 min brief

The bottom line

#

Courts in Kenya can review their own decisions, but you must stick strictly to the original facts and arguments when seeking a change.

What this practically means

#

Executive summary

#
This ruling by D. Kavedza J of the High Court determined a review application dated 27th April 2026 arising from the Court's judgment of 9th April 2026, in which the Court had prohibited the Anti-Counterfeit Authority and the Director of Public Prosecutions from arresting, detaining, charging or prosecuting the Applicants over complaint ACA/HQ/ENF/IPRC/69/2023, but directed that the seized goods remain in the 1st Respondent's safe custody. The Applicants sought review on grounds of error apparent on the face of the record and sufficient reason, contending that the custody order contradicted the finding that continued detention was unconstitutional, conflicted with injunctive orders in HCCOMM No. E604 of 2023, and that storage charges were accruing; they also sought review of the finding that the complainant had locus standi. The 1st Respondent objected that the Court was functus officio and that new matters were being introduced; the 2nd Respondent contended the threshold for review under Order 45 Rule 1 was unmet. The Court held it possessed inherent jurisdiction under Article 165(3) and section 3A of the Civil Procedure Act to review its own merit judgment, since the Mutunga Rules do not expressly provide for review, and declined the functus officio objection. On the merits, it found no error apparent on the face of the record, held the custody orders did not contradict the Commercial Court injunctions (in which the ACA was not a party), refused the storage-charges relief as unpleaded, and held the locus standi grievance lay on appeal. The application was dismissed with each party bearing its own costs.

Key legal issues

#
01

Whether the Court is functus officio after delivering a merit judgment in a constitutional petition

Holding

The Court has jurisdiction to review its own decision; the functus officio objection was declined

Reasoning

The Mutunga Rules do not expressly provide for review of a merit judgment, but the Court's inherent jurisdiction under Article 165(3) and section 3A of the Civil Procedure Act bridges that gap. Shutting out a party would violate the rights of access to justice and fair hearing under Articles 48 and 50(1).

p. 4
02

Whether the findings and orders on continued custody of the goods constituted an error apparent on the face of the record

Holding

No error apparent; the findings were clear and unambiguous and any alteration would require an analytical shift outside the scope of review

Reasoning

The Court had rationally found the detention intertwined with pending trademark disputes and made custody orders under section 27 of the Anti-Counterfeit Act. The orders did not contradict the injunctive orders in HCCOMM No. E604 of 2023, in which the ACA was not a party and which directed the 1st Petitioner to seal goods in its own possession.

p. 5
03

Whether storage charges could be introduced by way of review

Holding

No; the order was not sought in the initial Petition

Reasoning

Parties are bound by their pleadings in the adversarial system, as per the Supreme Court in CMM v Standard Group. New relief cannot be introduced at review stage.

p. 6
04

Whether the locus standi finding could be set aside on review

Holding

No; that is a ground of appeal, not review

Reasoning

The Applicants were dissatisfied with the Court's finding on the complainant's locus standi; such dissatisfaction must be pursued on appeal.

p. 6

Legal principles established

#
  • A court with inherent jurisdiction under Article 165(3) and section 3A of the Civil Procedure Act may review its own merit judgment notwithstanding that the Mutunga Rules do not expressly provide for review
  • A party dissatisfied with a court's findings must appeal rather than seek review

Court orders

#
  1. 1.The Court's jurisdiction to review its own decision upheld; the 1st Respondent's functus officio challenge declined
  2. 2.The application dated 27th April 2026 dismissed
  3. 3.Each party to bear its own costs
Jurisdiction invoked
Article 165(3) of the Constitution; section 3A of the Civil Procedure Act; Order 45 of the Civil Procedure Rules; Rules 3 and 25 of the Mutunga Rules

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Abdirahman Abukar Hassan & another (Applicants) v Anti-Counterfeit Authority & 3 others", Case Analysis (2026). Application dated 27th April 2026 (arising from Petition dated 23rd September 2025). Source: 

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.