Safaricom sued by IT company over Okoa Stima name

An information technology (IT) services firm has sued Safaricom over its use of the Okoa Stima name to describe its mobile-based electricity soft loans facility, claiming it is a violation of its ownership right.

Colour Planet says it registered the Okoa Stima trademark with the Kenya Industrial Properties Institute in May.

The firm insists that Safaricom named the electricity soft loan facility Okoa Stima with the full knowledge that it was registered as a trademark by Colour Planet. It has asked the court to stop Safaricom from using the name in any way until the suit is heard and determined.

Colour Planet says it came up with the name as part of an electricity purchase software it had developed and even introduced to Kenya Power.
The firm has enjoined Kenya Power and a Safaricom employee, Julia Obura, in the suit.

“It came as a surprise to Colour Planet when Ms Obura claimed ownership of the concept of Okoa Stima. Safaricom has subsequently infringed on Colour Planet’s trademark by advertising perennially.

“It is in the interest of justice that Safaricom holds its hands pending the unravelling of the truth behind the trademark,” the firm holds.

Under Safaricom’s Okoa Stima facility, electricity consumers get credit to settle power bills of between Sh100 and Sh2,000, which is repaid at an upfront flat rate of 10 per cent of the borrowed amount.

Defaulters are charged a penalty of 10 per cent on the advance.

Justice Francis Gikonyo on Wednesday ordered Safaricom’s lawyer Nelson Havi to respond to the suit by July 23 when the case comes up for a hearing before him.

Colour Planet’s Anthony Chege Wanaruah claims that he is the proprietor of the trademark.

He says the firm has worked on the software since 2012, and that Safaricom’s alleged infringement has watered down the quality of its Okoa Stima trademark.

Mr Wanaruah adds that it was resolved in a November 2013 meeting with the Kenya Power managing director Ben Chumo that the two firms would partner only if Colour Planet got financial backing from a bank.

“Mr Chumo advised Colour Planet to engage a financial institution that will introduce the concept to Kenya Power.

“We sought financial services from KCB which led into a memorandum of understanding to the effect that KCB would liaise with Kenya Power to implement the concept,” Mr Wanaruah holds.