WILLIS RABURU LOSES KSH 6.5 MILLION 'BAZU' TRADEMARK CASE

The High Court has quashed a ruling that required Airtel Kenya Networks Limited to pay Ksh6.5 million in damages to media personality Willis Raburu over alleged infringement of the trademark “BAZU.”
Justice L.P. Kassan, delivering the judgment on October 1, 2025, found that the Magistrate’s Court lacked jurisdiction to hear and determine the trademark dispute, which should have been filed before the High Court as stipulated under the Trademarks Act.
The lower court had in March 2024 awarded Raburu Ksh5 million in special damages and Ksh1.5 million in general damages, holding that Airtel had unlawfully used the “BAZU” brand to promote its internet products and services.
“Given the forestated, the decision of the trial Court must be faulted whereas in light of this Court’s and that the said Court was ousted of jurisdiction to entertain the Respondent’s suit, the commending order is that the trial Court’s decision is set aside in its entirety and substituted with an order striking out with costs the Respondent’s suit as led with,” read the court ruling.
“In the end, the Appellant’s appeal succeeds on the question of jurisdiction, to wit, the Court further directs that Appellant will have the attendant costs of the appeal.” Airtel had appealed the decision, arguing that the trial court had no legal authority to handle matters relating to registered trademarks.
Justice Kassan agreed, ruling that the legislative intent under the Trademarks Act clearly reserves jurisdiction for the High Court and the Registrar of Trademarks.
The judge further noted that the earlier transfer of the case from the High Court to the lower court was an “inadvertent omission,” which could not confer jurisdiction.
Consequently, the High Court set aside the entire judgment, struck out Raburu’s suit for want of jurisdiction, and awarded costs of the appeal to Airtel Kenya.