1. The Core of the Dispute: Is it a Bottle or a Brand?
In his court filings, Mwala claims that the defendants have unlawfully adopted a mark that is “confusingly similar” to his registered trademark.
The “Ka-mwala” Bottle: In the promotional content created by Awinja, the term “Ka-mwala” is used to refer to a 200ml glass Coca-Cola bottle.
Mwala’s Argument: Davis Mwabili contends that “Mwala” is a brand he has cultivated since the 1990s through Vitimbi and Inspekta Mwala. He formally registered the trademark in 2010 and argues it is protected until 2030.
Public Confusion: The comedian claims fans have approached him asking if he is part of the promotion, proving that the campaign is misleading the public into believing he endorses the product.
2. The Sh163 Million Campaign
The lawsuit targets the high-budget “Kachingching na Coke” campaign, which launched in May 2024.
The Scale: The campaign involves over Sh163 million in prizes and massive digital outreach across TikTok, Instagram, and YouTube.
The Grievance: Mwala is particularly aggrieved by a line in one of Awinja’s videos where she says: “Inspector Mwala… I am taking ka-mwala. Help me with two boilo.” * The Compensation: Mwabili is seeking an account of profits—meaning he wants the court to compel Coca-Cola to disclose how much they earned from the campaign so he can be compensated.
3. What Mwala is Seeking in Court
Through his legal team, the veteran actor is asking the High Court for:
Temporary Injunctions: An immediate halt to the use of the name “Ka-mwala” or “Mwala” in any advertising.
Digital Takedowns: Orders compelling Coca-Cola and Awinja to delete all promotional videos containing the disputed name from social media.
