The High Court in Nairobi has intervened to give direction in a petition filed by Bia Tosha seeking to block Diageo’s Ksh300 billion ($2.3B) sale of its 65% stake in East African Breweries PLC (EABL) to Japan’s Asahi Group Holdings.
On April 29, the High Court directed parties in the long-running legal dispute between Bia Tosha Distributors Limited and EABL to first clarify the official version of the petition on record before any substantive hearing proceeds.
The directive was issued during a morning session focused on managing the complex and long-running litigation.
In the ruling, the presiding Judge stated that the court must establish the correct pleadings due to the multiple filings submitted over the years.
The court noted that determining the valid documents on record is necessary before proceeding with the main hearing of the dispute.
Court Flags Procedural Complexity in Bia Tosha Case
The Bia Tosha case has been pending for several years and has accumulated various applications and amendments.
Among them is a Further Amended Petition filed in January 2026 by Bia Tosha, which seeks to halt the proposed Diageo–Asahi transaction through an injunction and introduces a claim of Ksh45 billion.
The court noted that the matter has become procedurally complex due to the volume of filings and evolving applications.
Also Read: EABL 10-Year Legal Battle Tests Kenya’s Justice vs Investor Balance
As a result, it emphasized the need to first resolve the status of the pleadings before addressing the substantive issues raised in the case.
Dispute Over Amended Petition and Jurisdictional Questions
EABL and Diageo have opposed the Further Amended Petition, arguing that the matter is before a constitutional and human rights court, whereas the remedies sought are typically handled in commercial litigation.
The respondents have raised concerns regarding the suitability of the forum for determining large financial claims of this nature.
Questions have also been raised regarding the legal process expected to support the award of substantial monetary damages within a constitutional framework, which is generally used to address issues relating to rights and statutory interpretation rather than commercial compensation claims.
Also Read: Court Clears Diageo Exit from EABL, Lifts Freeze on Ksh 297 Billion Sale to Asahi
To manage the proceedings, the court directed all parties to make focused submissions on the status and admissibility of the Further Amended Petition.
High Court to Determine Hearing Structure in Bia Tosha Petition
Once this issue is resolved, the court indicated that it will issue further directions on how the matter will proceed.
This includes whether the main petition and related applications will be heard separately in sequence or consolidated for determination in a single judgment.
The parties have been directed to return to court on 28 May 2026 to highlight the submissions on the procedural question.
Further, the court stated that this step is intended to ensure procedural clarity and efficient use of judicial time.
