Patents
Sanitam Services (E.A) Ltd v Rentokil Initial (K) Ltd (Civil Suit E216 of 2021) [2025] KEHC 1976 (KLR) (Ruling)
Facts
Sanitam sought an inquiry into profits and damages for alleged infringement of patent AP773 — the same patent already revoked by the Industrial Property Tribunal in 2014 (upheld on appeal in HCCC 338 of 2016) and previously litigated in HCCC No. 58 of 1999 and Civil Appeal 228 of 2004.
Issues
Whether the High Court had jurisdiction to hear the matter at first instance; whether the exhaustion-of-remedies doctrine applied; and whether res judicata barred the suit.
Rule
Industrial Property Act, ss.105, 106, 115; Civil Procedure Act, s.7; Speaker of the National Assembly v Njenga Karume [1992] KECA 42 (exhaustion doctrine).
Analysis
The court held the Tribunal is the mandatory first port of call for patent disputes under ss.105-106, and that the identical claim had already been litigated in HCCC No. 58 of 1999, making the suit a barred duplicate. Moreover, the underlying patent no longer existed following revocation.
Conclusion
Suit struck out with costs to the defendant.
Ruling available at kenyalaw.org.