The law suit brought by Faulu Kenya against Safaricom claiming breach of confidence and infringement of copyright in the M-Shwari product has been dismissed. Faulu had sought an interim injunction seeking to bar Safaricom from operating the M-Shwari product arguing that M-Shwari was launched following a concept presented to Safaricom by Faulu in 2011.
Justice Havelock repeated an earlier observation he had made to the effect that he could not see how the concept paper could fit into any of the categories of copyright: “Try as I may, I do not seem to be able to fit the Plaintiff’s said concept paper into any of these categories…”. He added that the fact that similar products exist in the market points to the absence of confidentiality in the concept as “the secret as a secret had ceased to exist”.
The Judge ruled that since Faulu had failed to bring proof that it owns any copyright in the concept paper or provide proof of infringement of the alleged copyright or other intellectual property rights, Faulu had failed to establish a prima facie case that would result in the court granting the injunctive orders that Faulu had sought.