Why Kenyans need to be more vigilant when buying mobile phones

 On Monday 27th June 2016 Kenya’s Anti-Counterfeit Agency (ACA) led the destruction of an assortment of counterfeit goods including mobile phones worth over Sh100 Million at the EPZ, Athi River. The action which coincided with the celebrations of this year’s World Anti-Counterfeit Day received global accolades, especially from mobile manufacturers, with a clarion call to authorities to sustain the country’s gains in intellectual property rights enforcement. Two months later, the Agency confiscated and destroyed counterfeit goods worth Sh7million in Mombasa, making 2016 one of the most successful years in the fight against counterfeits here in Kenya.

ACA is now estimated to have seized counterfeit goods worth over Sh1.2Billion since its inception in 2010.

The proliferation of counterfeits has been touted as the biggest challenge to the profitability and innovation by mobile phone manufacturers in the world. Leading mobile phones makers like Samsung have been supporting the stakeholders both locally and in the global scene in the fight against counterfeits.

Some of the methods we promote in confirming a genuine Samsung mobile phone before purchase include: a keener look at the physical features including the spelling of our brand name, the verification of the International Mobile Equipment Identity (IMEI) with Communication Authority of Kenya. Samsung also uses unique verifications codes like test mode dial *#0*#, software version mode dial *#1234# and warranty short code by sending sms to 22585 (Check *IMEI no #). If these codes don't work, you may have a fake Samsung device. 

In addition to accompanying ACA on its inspection tours, we also train their officials in identifying counterfeit mobile phones. The counterfeiters are always trying to have their products similar to genuine ones, and we therefore have to ensure that the officers on the ground are abreast with the latest technologies. 

According to the Communication Authority of Kenya, counterfeit phones are copies of popular brands and models made from sub-standard materials. They are usually not tested and certified for safety and are often made from sub-standard components by parties who are not the genuine brand owners. Globally all mobile phone devices without International Mobile Equipment Identity (IMEI) numbers or those whose IMEI numbers are otherwise not accessible over the network are considered as counterfeit. In some instances, the IMEI of counterfeit phones is either duplicated in many other phones or does not conform to the recognized GSMA structure. IMEI is a 15-digit number that is unique to your mobile handset.

A research conducted by the Mobile Manufacturer’s Forum (MMF) lab tests on more than 50 counterfeit devices found that most failed basic compliance tests against industry standards for network connectivity, which translated into a very high percentage of call dropouts for users. The research also revealed that network coverage was significantly reduced as more substandard devices connected to the network, which created coverage blackspots that could only be fixed by installing 80% more base stations.

In Kenya, counterfeit mobile phones are not only a health hazard but also considered a crime as they infringe on the manufacturer’s intellectual property rights, denies the government billions of revenue in form of taxes and lead to job losses. It is estimated that Kenya loses about Kshs.30 billion annually due to trade in counterfeits.

The Communication Authority of Kenya, reports that close to 3 million mobile phones in the market are counterfeits, translating to about 10 percent of all the active mobile devices in the country. This then calls for extra vigilance by Kenyans whenever we set out to buy a mobile phone.

It is important to remember that in accordance with Regulation 24 of the Kenya Information and Communications (Importation, Type Approval and Distribution of Communications Equipment) Regulations 2010, all mobile phones needs to be type approved. Contravention of this statute attracts a fine not exceeding Kshs300, 000 or imprisonment for a term not exceeding three years or both.