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Kirvam International Director Convicted of Selling Infringing Copies and Unapproved Devices
Milimani Magistrate Caroline Mugo convicted Vyas Tushar Kirtikumar on two counts of offering for sale infringing copies and offering communication equipment for sale without a type-approved certificate or acceptance, contrary to the law.
A city businessman and a director of Kirvam International Limited has been convicted by a Nairobi court of the offence of offering for sale infringing copies, which is against the law.
Milimani Magistrate Caroline Mugo convicted Vyas Tushar Kirtikumar on two counts of offering for sale infringing copies and offering communication equipment for sale without a type-approved certificate or acceptance, contrary to the law.
While convicting him, the Magistrate stated that “the prosecution has proved beyond a reasonable doubt on counts one and four, hence convicting him with the same under Section 215 of the Penal Code.”
He was acquitted of two counts of circumventing a technical protection measure and owning contravances used for transmitting infringing broadcast signals after the prosecution failed to prove the charges beyond a reasonable doubt.
“On the counts two and three, the prosecution failed to prove its case, and I acquit the accused person of the same under Section 215 of the Penal Code,” the Magistrate stated.
In mitigation, the convict, through his advocate, prayed for leniency, citing that he is a first-time offender and that he was selling the gadgets without knowing they contained infringement rules.
“Your Honour, we pray for leniency considering my client is a first-time offender, and he was reselling the gadgets to earn a living without knowing they contained infringement rights,” the lawyer submitted.
He was sentenced to serve a one-year jail term in count one and another year in count two if he fails to pay a fine of Ksh 200,000. The sentence will run concurrently.
Kirtikumar was charged that on October 12, 2020, at Kirvan International Limited, 2nd Parklands Avenue in Nairobi County, he circumvented technological protection measures by cracking into Multichoice Kenya Limited content without subscription while the copyright subsists in the name of Multichoice Kenya Limited.
In the second count, at the same time and place, he was charged with offering for sale five H96 Max+Android boxes, 1 4K Ultra HD Android TV box, and 1 sold H96 Max+ Android TV box, at Ksh12,500 without the type approval certificate or acceptance issued by the Communications Authority of Kenya.
