A prominent Kenyan comedian, Davis Mwabili Hezron, popularly known as “Inspekta Mwala,” has moved to court seeking urgent orders against Coca-Cola Central East and West Africa Limited, Coca-Cola Beverages Kenya Limited, and comedian-influencer Jacky Vike, also known as Awinja Nyamwalo, over alleged trademark infringement.

In a Notice of Motion filed in Nairobi, Mwabili is asking the court to certify the matter as urgent and to issue temporary injunctions stopping the defendants from using the term “ka-mwala” in marketing, advertising, and product promotion linked to the “Kachingching na Coke” campaign.

In court documents seen by TV47 Digital, Mwabili argues that the phrase “ka-mwala,” used in Coca-Cola’s promotional campaign, infringes on his registered trademark “Mwala,” which he says has been in use since the 1990s and formally registered in 2010. The trademark is tied to his long-running comedy persona featured in shows such as Vitimbi and Inspekta Mwala.

According to the application, the dispute centers on a promotional video published by Vike on multiple social media platforms in May 2024. In the video, the term “ka-mwala” is used to refer to a 200ml Coca-Cola soda bottle, which Mwabili claims is phonetically and conceptually similar to his “Mwala” brand.

He contends that the use of the term misleads the public into associating him with the product and amounts to both trademark infringement and passing off.

Mwabili says the campaign has caused confusion among fans, with many allegedly asking whether he is connected to the “ka-mwala” product. He attributes this to his decades-long presence in Kenyan media, including radio and television programs with wide national reach.

He cites the popularity of his shows on Kenya Broadcasting Corporation and Citizen TV as evidence of the strong association between his brand and the name “Mwala.”

In the application, Mwabili is seeking several court orders, including; immediate injunctions stopping the defendants from using “ka-mwala” in marketing or product distribution, removal of all allegedly infringing content from social media platforms, an account of profits generated from the “Kachingching na Coke” campaign and further orders to protect his intellectual property rights.

He argues that unless the court intervenes, the defendants will continue to benefit commercially from his brand while diluting its value.

The “Kachingching na Coke” campaign, launched in May 2024, reportedly offered cash prizes totaling KSh 163 million to consumers. It relied heavily on influencer marketing, with Awinja acting as a key face of the promotion across digital platforms.