Kenyan comedian Davis Mwabili, popularly known as Inspector Mwala, has filed a lawsuit against fellow actress Jacky Vike and beverage giant Coca-Cola over a Sh163 million promotional campaign.
Dispute Over ‘Kachingching na Coke’ Campaign
Court documents filed at the Commercial High Court indicate that Mwabili is challenging the “Kachingching na Coke” campaign, which promotes Coca-Cola’s 300ml plastic bottles.
The campaign, launched in May 2024 by Coca-Cola Central and West Africa alongside Coca-Cola Beverages Kenya Limited, targets over 2 million consumers with prize incentives totaling Sh163 million.
Claims of Copyright Infringement
Mwabili alleges that the campaign infringes on his intellectual property rights and long-established stage identity.
He argues that content shared by Awinja across platforms such as Facebook, Instagram, TikTok, and YouTube was derived from material he copyrighted in 2010.
Additionally, he claims the use of the name “Mwala”—which he has used since 1994—has created confusion, falsely linking him to the campaign.
Legal Arguments Presented
Through his lawyer, James Mbugua, Mwabili told the court that the alleged infringing content has gained widespread traction online, amplified by influencers and fans participating in the promotion.
He further contends that Coca-Cola has benefited commercially from the campaign without compensating him.
Brand Ownership Dispute
The comedian maintains that the “Mwala” name is a protected brand tied to his career in comedy, radio, television, and advertising, including his popular show Inspector Mwala.
He claims exclusive rights to the name until July 26, 2030, and objects to variations such as “ka-mwala” used in the campaign.
Orders Sought
Mwabili is seeking several court orders, including:
- Immediate cessation of the use of “Mwala” in the campaign
- Blocking branding linked to the disputed name
- Disclosure of profits generated from the promotion
- Compensation for alleged damages
Case Awaits Determination
The case now awaits hearing and determination, with the outcome expected to set a significant precedent on intellectual property rights and brand ownership in Kenya’s entertainment and advertising industries.
