NAIROBI, Kenya — Kenyan comedian Davis Mwabili Hezron, popularly known as Inspekta Mwala, has moved to court accusing Coca-Cola and a local influencer of trademark infringement in a dispute centred on a popular advertising campaign.
In a Notice of Motion filed before the High Court, Mwabili is seeking urgent orders against Coca-Cola Central East and West Africa Limited, Coca-Cola Beverages Kenya Limited and actress Jacky Vike.
The case revolves around the use of the phrase “ka-mwala” in advertising linked to Coca-Cola’s “Kachingching na Coke” campaign.
Court documents indicate that Mwabili argues the phrase is confusingly similar to his registered trademark “Mwala,” which he says has been central to his brand identity since the 1990s and formally registered in 2010.
The comedian is widely associated with productions such as Vitimbi and Inspekta Mwala, which have contributed to the commercial recognition of the name.
According to the filings, a promotional video published by Vike in May 2024 used the phrase “ka-mwala” to describe a 200ml Coca-Cola bottle.
Mwabili contends that the similarity is both phonetic and conceptual, raising the likelihood of public confusion over endorsement or affiliation.
The comedian argues that the campaign has already triggered confusion among fans, with some allegedly seeking clarification on whether he is involved in the promotion.
He attributes this to his long-standing media presence, including appearances on the Kenya Broadcasting Corporation (KBC) and Citizen TV.
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Mwabili further claims that continued use of the phrase could allow the respondents to commercially benefit from his established brand while diluting its distinctiveness, an issue central to trademark protection under intellectual property law.
Through the application, Mwabili is seeking:
- A temporary injunction to halt use of the term “ka-mwala”
- Removal of all related promotional content across digital platforms
- Disclosure of profits derived from the campaign
- Additional court orders to safeguard his intellectual property rights
The “Kachingching na Coke” campaign, launched in May 2024, reportedly offered cash prizes totalling Ksh163 million and relied heavily on influencer-driven digital marketing strategies.
Legal experts note that disputes of this nature often hinge on whether a contested phrase creates a “likelihood of confusion” among consumers, a key test in trademark law.
If upheld, the case could have broader implications for Kenya’s advertising and influencer marketing space, where brand language and personality-driven campaigns are increasingly intertwined.
