A legal showdown over the multi-billion shilling Asahi-Diageo transaction is set to intensify after the High Court declined to issue interim orders, setting the stage for a decisive ruling next month.
Justice Bahati Mwamuye on Wednesday opted to withhold conservatory orders sought by distributor Bia Tosha, instead directing that all arguments be fully considered before any determination is made on whether the deal should be halted.
The case pits Bia Tosha against Kenya Breweries Limited (KBL), East African Breweries Limited (EABL), Diageo and United Distillers Vintners (UDV), with the distributor seeking to block the proposed share transfer over fears it could complicate its ongoing dispute.
In court, Bia Tosha’s legal team argued that the transaction risks undermining its claims, including concerns over Diageo’s asset position in Kenya. However, the respondents pushed back, framing the application as a legal overreach.
Senior Counsel George Oraro, representing EABL, argued that the dispute raised by the distributor is distinct from the transaction and should not be used to interfere with it. Diageo’s lawyer, Njoroge Regeru, described the move as an attempt to leverage court orders to frustrate a legitimate business deal.
Senior Counsel Githu Muigai, appearing for Cogno Ventures Limited, also cautioned against granting the orders, saying it would effectively determine the matter without a full hearing.
With the court declining to grant immediate relief, the spotlight now shifts to April 9, 2026, when the High Court is expected to deliver its ruling—one that could have far-reaching implications for both the parties involved and the handling of high-value commercial disputes in Kenya.
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