By Eugene Otieno Owade
There is a brewing legal battle in our Courts. This week’s episode involve trademark and market branding.
This blog explores the evolving landscape of trademark protection in Kenya, specifically within the highly competitive milling industry. While the image provided was not accessible, recent legal battles and media reports provide a clear picture of how brand integrity is being tested in Kenyan courts.
The War of the Millers: Unga Limited vs. Millers (Commercial Case E006 of 2025) [2026] KEHC 320 (KLR) (22 January 2026) (Ruling)
The year 2026 began with a groundbreaking legal battle over a maize meal brand. In a significant recent development, Unga Limited, one of Kenya’s oldest and most established maize millers, filed a suit against Nanyuki-based Daiga Millers.
The Dispute: The “Hodari” Brand
- The Claim: Unga Limited accuses Daiga Millers of trademark infringement for using the “Hodari”
- The Argument:Unga asserts they have invested millions into the Hodari brand identity. They argue that Daiga’s use of a “deceptively similar” name is a shortcut to market relevance that dilutes Unga’s market share; causes confusion in the markets by duping consumers; and constitutes an erosion of Unga Limited’s reputation and goodwill.
- The Stakes:In an industry with razor-thin margins, brand loyalty is everything. This case is a litmus test for how the High Court will protect established trademarks against regional “look-alike” competitors.
On 22nd January 2026, the High Court granted a temporary injunction to Unga Limited restraining Daiga Millers from importing, packaging, distributing, marketing, advertising, promoting, manufacturing, selling, and offering for sale any products bearing the HODARI trademark/brand. Similarly, the Court ordered Daiga to deliver ALL infringing products; submit documentation on importation and sale, among other reliefs. This sets the basis for the next phase of litigation in this case.
The Court applied the three-pronged test for granting an interim injunction as outlined in judicial precedents like Mrao Ltd vs First American Bank of Kenya Ltd & 2 Others. The Applicant must establish a prima facie case, demonstrate irreparable injury without the injunction, and whether the balance of convenience favors granting the orders sought.
⚖️ Key Case Law & Applicable Legal Principles in Kenya
Recent rulings from the High Court and the Kenya Industrial Property Institute (KIPI) highlight several critical principles for brand owners:
| Principle | Description | Leading Case/Authority |
| Mandatory Registration | Protection is premised on valid registration; an owner must provide a certificate of registration to sue.
Also market goodwill, duration of registration; and reputation can be a crucial factor in litigation. |
Weetabix Limited v. Manji Food Industries Ltd |
| Likelihood of Confusion | Infringement occurs if a mark is so similar that it’s likely to mislead the “average consumer” | Premier Food Industries Ltd v. Triclover Industries (K) Ltd |
| “Use It or Lose It” | A trademark can be cancelled if not genuinely used for a continuous period of 5 years. | Section 36, Trade Marks Act |
| Honest Concurrent Use | In some cases, two similar marks can co-exist if they have been used honestly and simultaneously without confusion. | Section 15(2), Trade Marks Act |
Note on Deception: In the 2019 case of Landor LLC and WPP Luxembourg Gamma Sarl v. Wagude Lui t/a Landor and Associates and 2 others, the Court clarified that a Plaintiff does not always need to prove actual confusion. Demonstrating confusion is likely is often sufficient for an injunction. In that matter, the Court ordered the Defendants to change the infringing names “Landor” within 90 days from the date of delivery of the judgment. For more information on this, see https://new.kenyalaw.org/akn/ke/judgment/kehc/2019/10749/eng@2019-01-25.
🚨 Market Trends: The “Pamoja” Precedent
It is worth noting that the “Hodari” dispute follows other high-profile legal battles, such as the fight between Homegrown Millers and Capwell Industries over the “Pamoja” maize meal brand. In that instance, the High Court had to grapple with the fact that both parties claimed registration, emphasizing the need for a rigorous search at the KIPI registry before launching any new brand.
✅ Proactive Steps for Your Brand
- Register Early:Trademark protection in Kenya is strictly territorial.
- Monitor the Market:Regularly check for “look-alike” packaging or phonetic similarities.
- Maintain Usage:Ensure your mark is in active commercial use to avoid “non-use” cancellation proceedings.
Eugene Otieno Owade is an Associate Advocate and Patent Agent at Sihanya Advocates.
For more information on this subject, feel free to contact the author at owadeeugene04@gmail.com.