Patents
Rentokil Initial (K) Limited v Sanitam Services (EA) Limited & another (Civil Appeal 74 of 2019) [2023] KECA 997 (KLR)
Facts
Following the Court of Appeal's 2006 permanent injunction against Rentokil over sanitary bins found confusingly similar to Sanitam's patented product, Sanitam filed a 2016 contempt application alleging continued infringement. The trial judge authorised Sanitam to access Rentokil's premises to identify infringing bins, later modifying this to photographic evidence only.
Issues
Whether the trial judge erred in authorising premises access before a contempt finding was made, and whether this violated Rentokil's fair-hearing rights under the Constitution.
Rule
Constitution of Kenya 2010, Art.47(1)-(2) (fair administrative action); enforcement of prior injunction orders.
Analysis
The Court held that examining the physical bins was necessary evidence-gathering, not a contempt determination, and that the later ruling requiring photographic evidence rather than removal adequately safeguarded Rentokil's rights.
Conclusion
Appeal dismissed with costs to the first respondent, Sanitam.
Judgement available at kenyalaw.org.