ANTI COUNTERFEIT FROM COMMUNITY PERSPECTIVE -Estimates indicates 30% of drugs in Kenyan market are fake. -40 billion lost every year due to counterfeit.

ANTI –COUNTERFEIT AGENCY (ACA) Falls under the ministry of industrialization Charged with administering the recently enacted anti-counterfeit Act. They have powers to destroy fake goods imported into the country. They are charged with investigating and arresting people who trade in these goods.

ANTI-COUNTERFEIT COURT CASE IN KENYA On July 8 th people sued the government over the act sighting the following -The act infringes on the right of people to access essential medications. -The act denies life saving ARVs to about 300,000 people and an equivalent number on the waiting list. -The act confuses counterfeits with generics medicines.(not clear).

CONT/D -The act goes against the peoples right to life as enshrined in the Kenyan constitution. -The act is supposed to be implemented by KRA which was thought to have no capacity. The act recognizes intellectual property rights of other countries.

COURT RULING In April the court ruled barring the ACA from implementing the act until the issue is resolved- This means -The agency cannot interfere with importation and distribution of generic medicines in Kenya so far.

GENERIC MEDICINES Generic medicines are 90% cheaper and forms the bulk of all medicines in Kenya. They are accessible and affordable to the poor majority of Kenyans. They are not counterfeits. They are effective.

REALITY ABOUT MEDICINES IN THE COMMUNITY The cost of medicines cripples households budgets. Majority of the poor rural communities cannot afford the cost of life saving medicines No social insurance cover in place Essential medicines in government hospitals are not readily available-stock outs-prices goes up.

VULNERABILITY OF THE COMMUNITIES Lack of knowledge to differentiate what is fake and what legal. Poverty. No adequate information is given when dispensing medications. Counterfeits are present in most health care markets where people can be cheated. Low penalties on the offenders. Making the business to go on.

COUNTERFEIT TRADE CONTINUES DUE TO: Markets and distribution chain not regulated High cost of medicines Scarcity of basic essential medicines Weak regulatory controls Counterfeit trade is murder just like terrorism against public health.

CHALLENGES TO KNASP IF THE ACT WAS TO BE IMPLEMENTED DELIVERING ON UNIVERSAL ACCESS -Not possible to meet the national targets. -Legislation or policies should support the strategy. -More expensive treatment will be required when resistance develops.

CHALLENGES/IMPACT TO THE COMMUNITY Death is inevitable when life saving drugs are no longer available. Treatment failure Prevention programs fails completely More babies will be born hiv positive as PMTCT will no longer be effective.

RECOMENDATIONS Treatment should not only prolong life but improve its quality. Initiation of treatment should adhere with the current WHO guidelines. D4t(stavudine) Changed with less toxic drugs. Treatment monitoring to detect treatment failure early-quality laboratory tests. T.B. infection control policy.

CONT/D To protect patients and consumers give them appropriate information and education on the consequences of counterfeits. Ministries,NGOs and all other actors to participate in campaigns targeting consumers. Promotion and awareness of the problems of counterfeits through various channel Television.radios, posters etc.

CONT/D Only 15% of children in need of hiv/aids treatment are receiving-Policy (including testing for children).Let them be part of universal access. Government to honor Abuja declaration of funding to 15% of the national budget – Health. Treatment literacy to form part of comprehensive care services.

CONT/D The best strategy of prevention is to treat people. THANK YOU. END.