The High Court in Nairobi has overturned a lower court decision that had awarded media personality Willis Raburu over KSh6.5 million in a trademark dispute against Airtel Kenya. In 2023, Willis Raburu sued Airtel Kenya, alleging unauthorized use of his registered trademark “Bazu” in a popular data bundles campaign.
The Milimani Chief Magistrate court had initially ruled in Raburu’s favor, awarding him KSh6.5 million in damages (KSh5 million in special damages, and KSh1.5 million in general damages).
On October 10, 2025, Justice Linus Kassan of the High Court set aside the lower court’s decision. The High Court ruled that the Magistrate’s Court lacked jurisdiction to hear trademark disputes under the Trademarks Act, which falls under the authority of the High Court.
He stated that jurisdiction cannot be conferred by transfer, consent, or error, rendering the entire proceedings before the Magistrate’s Court invalid.
As a result, the High Court has now set aside the lower court’s decision, struck out Raburu’s case in its entirety, and ordered him to pay Airtel the costs of both the appeal and the initial suit.
Raburu may choose to appeal the decision or refile the case in the appropriate court. The setback highlights the complexities of trademark enforcement in Kenya, especially for public figures and creatives seeking to protect their brand assets.
