Man wants to be paid for ‘his’ M-Kesho

• Trader says he was shocked later after learning of a deal between Safaricom and Equity on the new product which he claims bears similar features as those he had mooted.

In moving to court, Mr Njuguna says, he was bound to suffer irreparable losses unless Equity Bank was restrained from using the confidential information.

Asked by Lady Justice Kalpana Rawal why he took long to file the case, Mr Njuguna said through his lawyer Duncan Anzala that he was still conducting due diligence.

Most of the features, he disclosed to the court, were sourced from the bank’s website.

The bank has over four million customers and has carved a niche for itself by offering lower-priced services to its account holders.

The judge, however, declined to issue any orders insisting that all parties to the suit must be heard first.

Mr Njuguna, who trades as Fischer and Fischer Marketing, claims that Equity was in breach of confidence.

He says that the profits the bank has been making constitutes to unjust enrichment using confidential data.

Other than stopping the bank from further use of the said information, Mr Njuguna will also be asking the court to order an inquiry as to damages for the breach of confidence.

The case will be heard in priority basis this September, directed Justice Rawal. It is expected to set a precedent in dealing in intagible intellectual property rights in the country.