Comedian Inspector Mwala has filed a lawsuit against actress Awinja Nyamwalo and beverage giant Coca-Cola, accusing them of copyright infringement and unlawful use of his identity in a major advertising campaign.
The dispute centres on Coca-Cola’s “Kachingching na Coke” campaign, which promotes its 300ml plastic “stubby” bottle and is reportedly valued at Sh163 million.
At the heart of the case is Mwala’s assertion that his name and persona are legally protected intellectual property.
The comedian, whose real name is David Mwabili argues that he copyrighted the name ‘Mwala’ in 2010, though he has used it professionally since 1994.
According to court claims, those rights remain valid until 2030.
Mwala contends that the campaign unlawfully incorporates his name and brand identity without permission, effectively leveraging his long-established public image for commercial gain.
Beyond copyright, the lawsuit raises issues of identity theft and personality rights, a relatively under-tested area in Kenyan law.
The complaint alleges that the campaign uses the name “Mwala”, the phrase “ka-mwala”, visual and conceptual cues linked to his persona
These elements, Mwala argues, are deployed in a way that creates public confusion and falsely suggests he endorsed or is affiliated with the Coca-Cola product.
Through his legal team, he maintains that his brand built over more than 25 years in radio, television, and comedy, has been commercially exploited without consent or compensation.
The inclusion of Awinja Nyamwalo in the lawsuit stems from her appearance in the campaign advertisements.
In the ads, Awinja is said to use lines such as “I am taking ka-mwala,” a phrase linked to the campaign’s messaging around the small, compact Coca-Cola bottle.
However, Mwala argues that the wording also mirrors his identity and brand associations, particularly given his long-standing stage name.
As of publication, Awinja has not issued a public response to the claims.
Coca-Cola has also not released an official statement regarding the lawsuit.
The company, known for high-budget and culturally tailored marketing campaigns, frequently collaborates with local influencers and entertainers in Kenya and across Africa.
The lawsuit brings into focus the evolving conversation around ownership of creative identity in Kenya.
