Inspekta Mwala sues Coca-Cola, Awinja over 'Ka-mwala' campaign

In a Notice of Motion lodged before the High Court, Mwabili is seeking urgent intervention against Coca-Cola Central East and West Africa Limited, Coca-Cola Beverages Kenya Limited, and Jacky Vike - an actress well known for her stage name Awinja.

The comedian wants the court to stop them from using the phrase “ka-mwala” in advertising and promotions tied to the “Kachingching na Coke” campaign.

Court documents show that Mwabili argues the phrase “ka-mwala,” used in the campaign, is confusingly similar to his registered trademark “Mwala.” He says the name has been closely associated with his comedy brand since the 1990s and was formally registered in 2010, forming part of his identity through popular productions such as Vitimbi and Inspekta Mwala.

The dispute is linked to a promotional video published by Vike in May 2024 across social media platforms. In the clip, “ka-mwala” is used to describe a 200ml Coca-Cola soda bottle. 

Mwabili contends that the term is phonetically and conceptually similar to his trademark, and risks misleading the public into believing he is affiliated with the product.

He further claims the campaign has already caused confusion among his fans, some of whom have allegedly inquired whether he is involved in the promotion. 

Mwabili attributes this to his long-standing presence on Kenyan radio and television, including shows aired on Kenya Broadcasting Corporation (KBC) and Citizen TV.

Through the application, the comedian is seeking temporary injunctions to halt the use of “ka-mwala,” removal of all related promotional content from digital platforms, and an account of profits earned from the campaign. 

He also wants the court to issue further orders to safeguard his intellectual property rights.

Mwabili argues that unless the court intervenes, the continued use of the term will allow the respondents to benefit commercially from his established brand while eroding its distinctiveness.

The “Kachingching na Coke” campaign, launched in May 2024, reportedly offered cash prizes amounting to Ksh.163 million and relied heavily on influencer driven digital marketing, with Vike among its prominent faces.