Kenyan comedian Davis Mwabili Hezron, widely known as Inspekta Mwala, has moved to court accusing beverage giant Coca-Cola and local actress Jacky Vike, alias Awinja, of infringing on his trademark. In documents 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 Vike. The comedian claims the use of the phrase “ka-mwala” in Coca-Cola’s “Kachingching na Coke” campaign violates his registered trademark “Mwala.”
According to the application, Mwabili argues that the term used in the campaign closely resembles his brand name both in sound and meaning, which could mislead the public into thinking he is associated with the promotion.
Mwabili maintains that the name “Mwala” has been part of his identity for decades, dating back to the 1990s. He formally registered it as a trademark in 2010, cementing its link to his comedy career through popular shows such as Vitimbi and Inspekta Mwala.
The dispute stems from a promotional video shared online in May 2024 by Vike, where the phrase “ka-mwala” was used to refer to a 200ml Coca-Cola soda bottle. Mwabili contends that this usage is too similar to his trademark and risks causing confusion among his audience.
The comedian further claims that the campaign has already led to misunderstandings, with some fans allegedly reaching out to ask whether he is part of the promotion. He attributes this confusion to his long-standing presence in the media, including appearances on Kenya Broadcasting Corporation (KBC) and Citizen TV.
Court Orders Sought
Through his application, Mwabili is asking the court to:
- Temporarily stop the use of the phrase “ka-mwala” in all advertisements
- Order the removal of related promotional content from digital platforms
- Compel the respondents to disclose profits earned from the campaign
- Issue further orders to protect his intellectual property rights
He argues that continued use of the phrase allows the respondents to benefit commercially from his brand while weakening its uniqueness.
The “Kachingching na Coke” campaign, launched in May 2024, featured influencer-driven marketing and offered cash prizes totaling Ksh.163 million. Awinja was among the key personalities promoting the campaign across digital platforms.
The case now awaits determination by the High Court, with the outcome likely to set an important precedent on trademark protection and influencer marketing in Kenya. Observers will be keen to see how the court balances brand ownership rights against commercial advertising practices.
