This archive report was first published on 19 May 2020.
On May 19, 2020, a High Court judge delivered a verdict in favor of Safaricom, dismissing a claim by two men who alleged that the mobile telco infringed on their copyright with the launch of Okoa Jahazi in 2009.
The two men, Christopher Omare and Michael Otachi, had sued Safaricom claiming that the company had stolen their idea for a mobile phone service that allows subscribers to borrow airtime in emergency situations.
However, the judge, Mary Kasango, ruled that the two men failed to specify how Safaricom infringed on their copyright. According to the judge, the proposal to Safaricom was too general and not original as claimed.
‘The plaintiff’s proposal is so general that even if the defendant took that general idea they cannot be said to have infringed,’ said Justice Kasango.
The judge said the proposal by the duo simply stated that mobile subscribers can be given emergency airtime, which would then give the mobile provider a return.
Apart from these general statements, the proposals bore no other details of how that concept could be worked out.
The two men had claimed that they owned a mobile phone programme, which would enable a subscriber to the mobile network obtain emergency airtime credit and those who might not wish to buy in available outlets credit for as little as Sh50 or Sh100.
They then forwarded their proposal to Safaricom in November 2006 together with an indemnity form.
However, they added, the giant telco did not respond but three years later, in March 2009, Safaricom launched Okoa Jahazi.
