Court Overturns Raburu’s Sh6.5m Win Against Airtel in Trademark Row

Media personality Willis Raburu will not receive a Sh6.5 million bounty after the High Court overturned a judgement granted in his favour against mobile operator Airtel Kenya.

Justice Linus Kassan quashed the award stating that the judgment delivered by the Milimani Chief Magistrate’s Commercial Court was a nullity as the lower court lacked authority to determine trademark disputes.

“The decision of the trial court must be faulted in light of this Court’s finding that the said court was ousted of jurisdiction to entertain Raburu’s suit,” Justice Kassan ruled.

The judge set aside the magistrate’s ruling in its entirety and substituted it with an order striking out Raburu’s suit, with costs awarded to Airtel.

“In the end, Airtel’s appeal succeeds on the question of jurisdiction. The Court further directs that Airtel will have the attendant costs of the appeal. Order accordingly,” Justice Kassan stated.

The emphasized that the trial court failed to properly interrogate Airtel’s objection on jurisdiction.

“Such an omission must be faulted, given this Court’s earlier finding that the intent of the drafters of the Trademark Act was that any live issue concerning trademarks be referred to the High Court and not subordinate courts,” Kassan said.

The dispute arose from a judgment delivered in November last year, where the magistrate awarded Raburu Sh6.5 million in a case against Airtel Kenya Networks Ltd.

Raburu had sued Airtel for alleged unauthorized use and infringement of his registered trademark No. 116744, ‘BAZU.’

He sought a permanent injunction restraining Airtel, its directors, officers, and agents from using the mark or publishing any material in print or broadcast media that could cause confusion with his brand.

Raburu sought special damages of Sh5 million for potential licensing fees Airtel would have paid had it lawfully used the mark. He also sought profits earned from the alleged infringement, general damages, interest, and costs of the suit.

However, with the High Court’s ruling, Raburu’s award has been nullified, and Airtel walks away with costs of both the trial and the appeal.