JUDGMENT OF THE COURT
1. In the year 2006, Hoswell Mbugua Njuguna, who was trading as "Fisher and Fisher Marketing Concepts" (hereinafter, 'the appellant'), developed what he considered a unique concept of banking. The idea was to encourage low income earners, of about Sh.180 per day or less, to save money by offering them a cheap, easy and convenient system of banking money with a view to future investment thus creating improved domestic savings and investments and ultimately economic stability nationally. He called the concept "Weka usaidike" (hereinafter, 'the original concept').
2. The concept would involve an Account holder, a bank, a mobile telephone service provider, and a Dealer. The bank would freely open accounts for low income earners without seeking deposits. It would then design and print serialized scratch cards of cheap denominations of Sh.100 to 500 which would be sold to dealers stationed in sheds designed and operated in all corners of the country. The dealers would th…