Inspector Mwala Sues Coca-Cola and Awinja Over Sh163m Campaign

Comedian Inspector Mwala launches Sh163m legal battle against Awinja and Coca-Cola over ‘kachingching na Coke’ campaign

A high-stakes legal row has erupted in Kenya’s entertainment and advertising industries after veteran comedian Davis Mwabili, widely known as Inspector Mwala, filed a lawsuit against fellow actress Jacky Vike (Awinja Nyamalo) and beverage giant Coca-Cola over an alleged copyright breach tied to a Sh163 million promotional campaign.

Mwabili has moved to the Commercial Division of the High Court, accusing Coca-Cola Central and West Africa and Coca-Cola Beverages Kenya Limited of unlawfully exploiting his long-established stage identity and creative work in the widely publicised “kachingching na Coke” campaign.

The promotion, launched on May 14, 2024, targets an estimated two million consumers, offering prizes worth Sh163 million through the purchase of Coca-Cola’s 300ml plastic bottles.

According to court documents, Coca-Cola enlisted Awinja to spearhead a digital marketing push across major platforms including Facebook, Instagram, TikTok and YouTube. However, Mwabili claims that content shared as part of the campaign borrows heavily from material he copyrighted as far back as 2010.

Central to the dispute is the use of the name “Mwala” — a brand Mwabili says he has built and used consistently since 1994 across television, radio, live comedy performances and advertising.

Through his lawyer, James Mbugua, Mwabili told the court that the alleged infringement has been amplified online.

“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… to share similar offending posts and tag the defendants’ social media handles,” Mbugua stated.

Mwabili further argues that Coca-Cola has financially benefited from the campaign while failing to compensate him for what he describes as unauthorised use of his intellectual property.

A specific promotional script used by Awinja has also been cited in the suit. Mwabili claims the line — which references “ka-mwala” — misappropriates his brand identity and creates the impression that he is associated with or endorses the product.

He contends that such usage is misleading and risks confusing the public, given the strong recognition of his brand. His legal filings state that his show, Inspector Mwala, attracts between four and five million viewers per episode, underscoring the commercial value of the name.

Mwabili maintains that the “Mwala” brand is legally protected and cannot be used in any form without his consent until at least July 26, 2030, when the relevant copyright protections are said to expire.

The comedian is now seeking a series of court orders, including an injunction to stop Coca-Cola and Awinja from using the name in any marketing materials, a ban on branding linked to the disputed concept, and a directive compelling the company to disclose profits generated from the campaign for purposes of compensation.

The case is expected to test the boundaries of intellectual property rights in Kenya’s fast-growing influencer marketing space, particularly where celebrity personas intersect with corporate advertising.

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