A Kenyan businessman has sued Safaricom and Equity Bank, seeking to block the continued use of M-Kesho, a mobile banking platform launched in May that currently has 6,000 accounts.

Hoswell Mbugua Njuguna alleges that M-Kesho is a registered trademark, but that Equity bank has continued using it. In the papers filed with the Nairobi High Court, Njuguna says that he met with officers from Equity bank in 2006 and presented his concept. Njuguna claims that between August 2006 and August 2009 he met two bank officials, Anne Kinuthia and Eric Karobia, who were acting on behalf of the bank, but the meetings stopped without any deal being struck.

The businessman claims he is the author of the original work, which was originally titled "Weka Usaidike" (invest wisely) and submitted for copyright registration on July 24, 2006.

"Equity Bank has unlawfully made profits by creating and marketing a new product branded M-Kesho in partnership with Safaricom Ltd; which has characteristics identical to the product discussed," Njuguna said in the court documents.

However, Equity bank has denied the M-Kesho platform has any similarity to the ideas submitted by Njuguna. The bank says it had only three meetings with Njuguna and the idea was dismissed.

"The two concepts are different; 'Weka Usaidike' cannot be registered as copyright since it is not a literary or artistic work, it was just a write-up; 'M-Kesho' is technologically backed, tested and supported," said Eric Karobia, Equity Bank projects manager, in an affidavit filed with the court.

Initially, Njuguna sued Equity bank only, but Safaricom asked to be party to the suit and was allowed to join proceedings last week. Safaricom is expected to file its papers in response to allegations made by Njuguna.