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The Kenya Times
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Kenyans Face 5 Years in Prison for Using ‘Mambo ni Matatu’

A person who falsely uses a trademark will be fined a sum of Ksh200,000 or serve a 5-year jail term or both.

by Joy Kwama
October 11, 2023
Reading Time: 4 mins read
Kenyans Face 5 Years In Prison For Using 'Mambo Ni Matatu'

President William Ruto speaking during the Africa Climate Summit held at KICC in Nairobi. PHOTO-PCS.

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Kenyans will have to pay a fine of Ksh200,000 or face a five-year jail term for using the phrase ‘Mambo ni Matatu’ officially owned by President William Ruto.

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The Kenya Industrial Property Institute – KIPI has accepted an application by Ruto to trademark the three-word statement preventing any individual from using it without his permission.

According to a September 30 publication by the Kenya Industrial Property Institute, obtained by The Kenya Times, the phrase is now a protected intellectual property.

Further, the publication noted that the move, initiated by Ruto’s lawyer Adrian Kamotho, prohibits any other individual from using the number three or motioning it using their fingers, or translating it into English.  

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Kenyans Face 5 Years In Prison For Using 'Mambo Ni Matatu'
President William Ruto at a past event. PHOTO/William Ruto.

“Registration of this mark shall give no right to the exclusive use of the numeral ‘3’ and the device of ‘human fingers’ per se each separately and apart from the mark as a whole.

“The translation into English of the Kiswahili words ‘Mambo ni matatu’ is ‘Things are three’,” the publication reads in part.


Also Read: Sugar Billionaire Jaswant Singh Rai Released After Ruto’s Warning

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Areas Where Kenyans Are Prohibited to use the Phrase

The trademark prohibits any individual from printing it on any clothing, footwear or headgear, Games and playthings, gymnastic and sporting articles.

At the same time, no one is allowed to use the phrase for advertising, business management, business administration and office functions.

Moreover, the KIPI has also prevented the use of the phrase ‘Mambo ni Matatu’ or its English translation for providing of training; entertainment; sporting and cultural activities.

Subsequently, you will also pay a fine of Ksh200,000 if you use the phrase for personal and social services rendered to meet your needs or for security services.

The original Use of ‘Mambo ni Matatu’

The president first used the phrase in August 30 while issuing a warning to sugar sector “cartels” during his Western Kenya tour. 

Further, the head of state told the cartels that they only had three options, to either leave the country, go to jail or go to heaven. 

However, it was then quickly picked by politicians and other Kenyans who have used it for advertisement and as a warning to law breakers.


Also Read: Mambo ni Matatu: Kenyans Turn Ruto’s Threat into Hilarious Memes


Gachagua Trademarks ‘Riggy G’

This comes a few months after the Deputy President Rigathi Gachagua trademarked his nickname ‘Riggy G’ after the name blew up on the internet. 

Notably, Gachagua was given the nickname by lifestyle content creator, Ivy Chelimo, who he lauded for her creativity.

Moreover, the nickname went viral months after Chelimo tweeted it during presidential running mate debate at Catholic University on July 19, 2022.

“I am even amazed that our creative young people have given me a nickname. they have looked at my name Rigathi Gachagua and looked for something more melodious and called me ‘Riggy G,” the DP stated.

Trademark Laws in Kenya

According to the Trademark Act, a person who falsely uses a trademark will be fined a sum of Ksh200,000 or serve a 5-year jail term or both.

“Any person who sells or imports any goods or performs any services to which a registered trademark is falsely applied shall be guilty of an offence. 

“The person is also liable to a fine not exceeding two hundred thousand shillings or to imprisonment for a term not exceeding five years or to both,” the Act reads in part. 

Kenyans Face 5 Years In Prison For Using 'Mambo Ni Matatu'
Deputy President Rigathi Gachagua speaking in Nyandarua on September 23, 2023. PHOTO/Rogathi Gachagua
Tags: Deputy President Rigathi GachaguaMambo ni matatuPresident William Rutotrademark law

Joy Kwama

Mercy Joy Kwama is a digital journalist who is dedicated to the art of storytelling, truth-telling and changing narratives. She covers diverse topics including politics, social justice, gender, humanitarian matters, and policy. Mercy is especially driven to amplify the voices of marginalized African communities and challenge the status quo. She is a graduate of Riara University with a degree in Communications and Multimedia Journalism and is well-equipped to navigate the complex landscape of news reporting. In her spare time, Mercy likes to pick up new skills including dancing, gardening, reading, and meeting new people.

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