Kenyan comedian Davis Mwabili, known on stage as Inspector Mwala, has sued fellow actor Jacky Vike, popularly known as Awinja Nyamalo, and Coca-Cola over a Sh163 million marketing campaign dubbed “kacingching na coke.”
Mwabili has filed the case at the Commercial High Court, claiming the campaign promoting Coca-Cola’s 300ml plastic bottles infringes on his copyright and long-used stage identity.
He argues that Coca-Cola Central and West Africa and Coca-Cola Beverages Kenya Limited launched the promotion on May 14, 2024, targeting 2 million customers who stand a chance to win Sh163 million in prizes.
According to court papers, Coca-Cola allegedly hired Awinja to run social media promotions across Facebook, Instagram, TikTok and YouTube.
Mwabili says Awinja posted content he claims was derived from material he copyrighted in 2010. He also argues that the content uses the name “Mwala,” which he has used since 1994 across comedy shows, radio programmes, adverts and emceeing work.
His lawyer, James Mbugua, told the court, “The third defendant’s (Awinja) 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 to share similar offending posts and ‘tag’ the said Defendants’ social media handles.”
Mwabili further claims Coca-Cola has made significant profits from the campaign without compensating him.
He is also challenging a specific promotional line used by Awinja, which he says misuses his brand. The disputed content reads:
“ 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…”
Mwabili argues that the use of “ka-mwala” and “Mwala” in the campaign creates public confusion and wrongly links him to the product.
He says his brand is well known, with surveys showing between 4 million and 5 million viewers per episode of his show, Inspector Mwala.
He also claims the name “Mwala” cannot be used in any form until July 26, 2030, when his copyright allegedly expires.
He adds that the name has become a protected brand linked to his career in Vitimbi, radio, television and advertising.
Mwabili is seeking court orders to stop Coca-Cola and Awinja from using the name in marketing, block branding of the 300ml bottles under the “Mwala” concept, and compel the company to disclose profits from the campaign for compensation.
