Kenyan comedian Davis Mwabili, popularly known as Inspector Mwala, has filed a case against actress Jacky Vike (Awinja Nyamalo) and Coca-Cola over a Ksh163 million marketing campaign called “Kacingching na Coke.”
The case, filed at the Commercial High Court, accuses the respondents of infringing on Mwabili’s copyright and long-established stage identity through the Coca-Cola’s 300ml plastic bottles marketing campaign.
According to Mwala, the campaign was launched on May 14, 2024and targetteed about 2 million customers with promotional prizes worth Sh163 million.
Meanwhile, the court documents stated that Coca-Cola allegedly hired Awinja to run promotional content across Facebook, Instagram, TikTok, and YouTube.
Mwala Sues Coca-Cola and Awinja Over 300ml plastic bottles campaign
Mwabili argued that Awinja posted content derived from material he copyrighted in 2010.
He also added that the campaign uses the name “Mwala,” which he has used since 1994 across comedy shows, radio programmes, adverts, and emceeing work.
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Further, Mwala maintained that the use of his name and related content in the campaign amounts to unauthorized use of his established creative identity.
He also challenged a promotional line used in the campaign by Awinja, stating that the disputed content includes references to “ka-mwala,” which misuses his brand and creates public confusion.
“ Inspector Mwala is aggrieved by one line where Awinja says that I am telling you, family is always ungrateful. I have helped this guy all this time, and he’s ungrateful. Kamau, I am taking ka-mwala. Help me with two “boilo (boiled stuff). “..and you can win. Provided that it is the glass soda. It can be the ka-mwala, or the normal one, or the large one. Provided that it is the glass version. Then send…”
In addition, Mwala noted that the use of both “Mwala” and “ka-mwala” in the campaign wrongly links him to the Coca-Cola product and misrepresents his identity.
He also states that his brand is widely recognized, with surveys showing between 4 million and 5 million viewers per episode of his show, Inspector Mwala.
Mwala Calls For Compensation for His Stage Name
Mwala claimed the name “Mwala” has become a protected brand linked to his work in Vitimbi, radio, television, and advertising, and should not be used commercially without consent until July 26, 2030, when his copyright allegedly expires.
According to his lawyers, James Mbugua, the campaign content had gained significant traction online.
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James Mbugua added that its impact was amplified by influencers, consumers, and fans who were encouraged to share and tag similar posts.
“The third defendant’s offending content has gained significant traction on social media, and its effects are exacerbated by similarly infringing posts by other influencers, consumers and fans who were enlisted by the first and second defendants,” the lawyer said.
Although Coca–Cola made huge profits from the campaign, Mwala noted that the company did not compensate him.
Therefore, the comedian is seeking court orders to stop Coca-Cola and Awinja from using the name “Mwala” in marketing and to block the branding of the 300ml bottles under the “Mwala” name.
He is also seeking orders to compel the company to disclose profits from the campaign for compensation.
