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Intellectual Property [2025] KEHC 8774 (KLR)

Wanjiku v Christ is the Answer Ministries (CITAM) & another

Wanjiku v Christ is the Answer Ministries (CITAM) & another [2025] KEHC 8774 (KLR)

The High Court held that the defendants infringed the plaintiff’s copyright in the song Rungu Rwa Ihiga and awarded injunctions plus Kshs. 1.5 million damages.

  • Copyright Infringement
  • Musical Works
  • Originality Requirement
  • Incidental Inclusion Exception
  • Damages Assessment
  • Injunctive Relief
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Intellectual Property [2025] KEHC 5758 (KLR)

Ngemu & another v Kenya right Board & 2 others; Safaricom Ltd & another (Interested Parties)

Ngemu & another v Kenya right Board & 2 others; Safaricom Ltd & another (Interested Parties) [2025] KEHC 5758 (KLR)

The High Court granted leave for judicial review and a stay in a dispute over enforcement of section 30C of the Copyright Act on ring-back tune revenue payments.

  • Copyright Infringement
  • Ring Back Tune Revenue
  • Mandamus
  • Judicial Review Procedure
  • Judicial-review
  • Copyright-law
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Intellectual Property [2025] KEHC 1137 (KLR)

Ivusa v Safaricom Limited

Ivusa v Safaricom Limited [2025] KEHC 1137 (KLR)

The court dismissed the plaintiff's claim for breach of trust and passing off because the plaintiff failed to prove the existence of an express or implied trust, and failed to establish the necessary elements of passing off, specifically goodwill, misrepresentation, and damage. The court also held that copyright protects the expression of ideas, not the ideas themselves, and the plaintiff did not demonstrate that the defendant appropriated the specific expression of the plaintiff's idea.

  • Copyright Infringement
  • Passing Off
  • Idea Expression Dichotomy
  • Constructive Trust
  • Breach Of Trust
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Intellectual Property [2025] KEHC 369 (KLR)

Kirubi v Kenya Broadcasting Corporation

Kirubi v Kenya Broadcasting Corporation [2025] KEHC 369 (KLR)

The mandatory notice requirement under Section 46(a) of the Kenya Broadcasting Corporation Act is an unconstitutional impediment to the right to access to justice under Article 48 of the Constitution, and therefore failure to comply with this requirement does not render a suit incompetent. Furthermore, the suit is not statute barred under Section 46(b) as the infringement is alleged to be continuous and the suit was filed while the infringement subsisted.

  • Copyright Infringement
  • Statutory Limitation Periods
  • Procedural Technicalities
  • Continuous Infringement
  • Constitutional Right Of Access To Justice
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Intellectual Property [2024] KEHC 11002 (KLR)

Solut Technology Limited v Safaricom Limited

Solut Technology Limited v Safaricom Limited [2024] KEHC 11002 (KLR)

The High Court dismissed a software copyright and confidence claim, holding that a concept note without source code did not prove protected copyright or copying.

  • Copyright Infringement
  • Software Protection
  • Breach Of Confidence
  • Unconscionable Contract Terms
  • Copyright-infringement
  • Software-copyright
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Intellectual Property [2024] KEHC 11701 (KLR)

Cherwon v Karua & 5 others

Cherwon v Karua & 5 others [2024] KEHC 11701 (KLR)

The court found that while the plaintiff created the graffiti art and claimed an oral agreement with the 6th defendant regarding compensation for commercial use, there was no evidence that the 1st to 5th defendants were made aware of this arrangement. The defendants' use of the premises was authorized by the 6th defendant, who did not disclose any copyright restrictions. The plaintiff failed to provide sufficient evidence of copyright ownership, such as registration or clear attribution. Furthermore, the court determined that the inclusion of the artwork in the defendants' videos and marketin…

  • Copyright Infringement
  • Artistic Works
  • Graffiti Rights
  • Incidental Inclusion
  • Ownership Of Copyright
  • Remedies For Infringement
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Civil Procedure [2024] KEHC 10278 (KLR)

Lutumba v Tamasha Corporation Limited & 7 others

Lutumba v Tamasha Corporation Limited & 7 others [2024] KEHC 10278 (KLR)

The court found that the plaintiff, Muzinga Laure Lutumba, instituted the suit as administrator of her late father’s estate based on a grant of representation issued in the Democratic Republic of Congo (DRC). However, the DRC is not a Commonwealth country, nor has it been designated by the Attorney General for purposes of section 77(1) of the Law of Succession Act. Furthermore, the plaintiff failed to demonstrate that the foreign grant had been resealed in Kenya. In the absence of a valid resealed grant, the plaintiff lacked locus standi to bring the suit on behalf of the deceased’s estate. T…

  • Locus Standi
  • Resealing Foreign Grants
  • Copyright Infringement
  • Capacity To Sue
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Intellectual Property [2024] KEHC 4817 (KLR)

Music right Society of Kenya v Safaricom Limited & 3 others; Xpedia Management Limited & 3 others (Interested Parties); Kenya right Board (Intended Amicus Curiae)

Music right Society of Kenya v Safaricom Limited & 3 others; Xpedia Management Limited & 3 others (Interested Parties); Kenya right Board (Intended Amicus Curiae) [2024] KEHC 4817 (KLR)

The High Court dismissed MCSK’s injunction request and Safaricom’s strike-out application, rejected KECOBO’s amicus bid, and joined KECOBO as an interested party.

  • Copyright Infringement
  • Collective Management Organizations
  • Royalty Distribution
  • Interlocutory Injunctions
  • Originating Summons Procedure
  • Copyright-infringement
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Intellectual Property [2024] KEHC 3680 (KLR)

Macmillan Kenya (Publishers) Ltd v Mount Kenya Sundries Limited

Macmillan Kenya (Publishers) Ltd v Mount Kenya Sundries Limited [2024] KEHC 3680 (KLR)

The High Court awarded Macmillan Kenya Kshs. 5,918,623 for copyright infringement over the Kenya Tourists Maps, with costs and interest.

  • Copyright Infringement
  • Assessment Of Damages
  • Loss Of Profits
  • Copyright-infringement
  • Assessment-of-damages
  • Loss-of-profits
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Intellectual Property [2024] KEHC 2500 (KLR)

Murage v Jiffy Pictures Limited

Murage v Jiffy Pictures Limited [2024] KEHC 2500 (KLR)

The Plaintiff failed to establish a prima facie case that the Defendant adapted or modified her literary work 'Beckys Fortune' into the television series 'Becky'. While there may be superficial similarities, the evidence at this interlocutory stage is insufficient to demonstrate outright adaptation or infringement. The court cannot, on the pleadings alone, discern whether the Defendant's work is a replica or substantial copy of the Plaintiff's work; such determination requires a full trial with evidence from both parties. Furthermore, the platforms airing the series are owned by Royal Media S…

  • Copyright Infringement
  • Literary Works
  • Interlocutory Injunctions
  • Discovery Of Documents
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Kenya decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.