Registrar enjoined in case against Jubilee over slogan

Jubilee Party supporters at a past event in Mombasa. A businessman wants the party restrained from using the 'Tuko Pamoja' slogan, claiming he owns the patent. (PHOTO: KELVIN KARANI/ STANDARD)

Registrar of Political Parties Lucy Ndung'u has been enjoined in a suit challenging the use of the 'Tuko Pamoja' slogan by Jubilee Party.

Businessman Jonathan Katiku has accused the party of stealing his trademark and using it in its campaigns without his consent.

Mr Katiku, who claims the patent to the trademark, said he was shocked to hear the party, on whose ticket President Uhuru Kenyatta will be seeking re-election in next year's elections, use it in its campaigns.

Through lawyer Francis Kalwa, Katiku said the party was infringing on his rights by using the slogan and claimed this would harm his business.

made clear

"I had been in consultation with the defendants over the said infringement until July 6, 2016, when they made it clear to me that they would not stop using the slogan, which is my trademark," said Katiku.

He told Justice Fred Ochieng that the slogan was his business trademark and wanted the court to issue temporary orders restraining Jubilee Party and its members from using it pending determination of the matter.

"We are approaching the Jubilee nominations ahead of the general election. Therefore, there will be massive publications and dissemination of party policies bearing the slogan thus increasing the threat of further breach of my trademark," said Katiku.

He said he feared that those who secured nominations would also popularise themselves using the slogan thereby breaching his trademark further.

On September 10, Katiku noted the party prepared huge banners and billboards bearing his slogan and placed them in strategic locations within Nairobi in readiness for the party's launch.

"This was in addition to massive daily newspaper adverts with the 'Tuko Pamoja' slogan all aimed at popularising the launch," he said.

Earlier, the applicant had told journalists that he registered the trademark on December 14, 2011, and according to the certificate, it expires on December 14, 2021.