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The East African Breweries Limited (EABL) has issued a clarification on the latest court case by Kenyan beer distributor Bia Tosha.
Bia Tosha filed a case at Kenya’s High Court, asking that Diageo’s $2.3 billion EABL sale to Asahi be blocked.
In a statement, EABL said the matters in court relate to a long-standing dispute between Bia Tosha and KBL regarding distribution territories in Kenya.
The company clarified that the dispute has absolutely no factual or legal connection to the announcement of the Diageo-Asahi transaction.
“We wish to clarify that the matters in court relate to a long-standing dispute between Bia Tosha and KBL regarding distribution territories in Kenya and have absolutely no factual or legal linkage to the announcement of the Diageo-Asahi transaction,” EABL said.
“This application is merely the latest iteration of an unsuccessful 10-year campaign by a former employee and former distributor—now a serial litigant—to destabilize and damage EABL’s business operations. All claims made are devoid of truth.”
EABL Clarifies Difference With KBL
EABL said that regardless of the change in majority shareholder, EABL and KBL remain independent and capable entities, fully able to conduct their business and defend any litigation.
The company added that any suggestion otherwise is false and contrary to the interests of Kenya as a nation that attracts high-quality foreign investment.
“Regardless of the change of majority shareholder, EABL and KBL remain independent, capable entities fully able to conduct their business and defend any litigation. Any insinuation to the contrary is false and inimical to the interests of Kenya as a nation that attracts high-quality foreign investment,” EABL said.
Also Read: Willis Raburu Takes Legal Action Against EABL for Unpaid Work
Bia Tosha Latest Petition
Bia Tosha’s latest petition wants the High Court to suspend the EABL sale to Asahi until pending litigation, dating back as early as 2016, is resolved.
The pending lawsuit stems from a longstanding dispute between Bia Tosha, a former distributor of EABL’s beverages, and Diageo, EABL’s parent company.
Bia Tosha claims that the alcohol giant engaged in anti-competitive trade practices and breached contractual obligations after EABL refused to sign a new distribution agreement.
Also Read: Asahi Steps In as Diageo Sells EABL Africa Stake
In December 2025, Diageo announced the sale of its 100% stake in Diageo Kenya Limited, which holds 65% of EABL shares, to Asahi.
The transaction marked the largest investment ever made by a major Japanese brewing group in an African alcohol business.
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A court hammer shared by DPP for illustrations purposes. PHOTO/DPP.