Media personality Willis Raburu has suffered a major legal setback after the High Court overturned a Ksh6.5 million award granted to him in a trademark dispute over the use of the word “Bazu” by a leading telecommunications company.
In a judgment delivered by Justice Linus Kassan, the court ruled that the Milimani Chief Magistrate’s Court had no jurisdiction to determine trademark disputes under the Trademarks Act. The decision effectively set aside the earlier ruling that had found the telco guilty of infringing on Raburu’s registered trademark.
Raburu had moved to court in 2023, accusing the mobile service provider of using the term “Bazu” without authorization in a popular data bundles campaign. He argued that the word, which he had trademarked across several categories including clothing, business, and telecommunication services — was being used to mislead consumers into believing he had endorsed the product.
The lower court initially awarded him Ksh5 million in special damages and Ksh1.5 million in general damages, but the telco appealed, arguing that “Bazu” is a generic Sheng slang term used widely in Kenyan pop culture to describe someone successful or influential.
In his ruling, Justice Kassan sided with the company, noting that the Chief Magistrate’s Court had acted beyond its powers by presiding over the matter.
“Under Section 49 of the Trademarks Act, the jurisdiction to hear and determine such matters lies with the High Court,” stated Justice Kassan.
The judge also noted that transferring the case from the High Court to the lower court was procedurally improper, as trademark disputes fall exclusively under the High Court or the Registrar of Trademarks.
Following the decision, Raburu’s case was struck out, and the court ordered that costs be awarded to the mobile service provider, marking a decisive victory for the telco giant in the high-profile dispute.
