EABL Seeks CJ Martha Koome’s Intervention Over Court Cases on Proposed Acquisition

East African Breweries PLC (EABL) has written to Chief Justice (CJ) Martha Koome seeking administrative intervention regarding an increasing number of court cases challenging the proposed acquisition involving assets of Asahi Group Holdings and Diageo.

In the letter dated June 23, 2026, EABL warned that parallel proceedings across different High Court stations are creating legal uncertainty, risking conflicting orders, and threatening investor confidence in one of the region’s largest corporate transactions.

“We respectfully write to bring to Your Ladyship’s attention matters of considerable concern relating to proliferation of parallel proceedings in different High Court stations, the apparent forum shopping that has accompanied such proceedings, and the resulting risk of conflicting orders by courts of concurrent jurisdiction in relation to the Transaction,” the letter stated.

The brewer added that multiple cases filed in the High Court have already resulted in several rulings declining to stop the transaction.

EABL Raises Alarm Over Conflicting Court Orders in Asahi Deal

The company argued that filing similar cases in different jurisdictions amounts to forum shopping, in which litigants seek favourable rulings after unsuccessful attempts elsewhere.

EABL added that this practice undermines judicial consistency and risks creating confusion over which court orders should take precedence.

The brewer further warned that the continued filing of parallel cases could lead to conflicting judicial directions on the same transaction, creating uncertainty for all parties involved.

It says such a situation could weaken legal predictability, disrupt commercial planning, and damage confidence in Kenya’s judicial and regulatory systems.

EABL also highlighted the broader economic implications of the dispute, noting that the transaction represents a significant foreign investment with potential tax contributions estimated in the tens of billions of shillings.

In addition, the company warned that prolonged legal uncertainty could affect shareholders, employees, supply chains, and the country’s standing in regional capital markets.

Also Read: Asahi Steps In as Diageo Sells EABL Africa Stake

Court Coordination to Prevent Conflicting Orders

Therefore, EABL is asking the Chief Justice to consider centralizing all current and future cases related to the transaction before a single High Court judge.

It also proposes expedited hearings and possible coordination through specialised tribunals to prevent further fragmentation of litigation.

Also Read: Bia Tosha Withdraws Court Case Blocking Diageo’s $2.3 Billion EABL Deal

EABL further highlighted that it fully respects judicial independence and is not seeking to challenge any court decision on its merits.

“To be clear, we are not faulting the Jurisdiction of the learned Judge in the Machakos Proeedings to entertain the applocation or issue interim orders. We are also not, by this letter seeking to litigate the merits of the application or suit in the Machakos Proceedings. As directed by that court, we shall file the relevant responses and interventions in that court,” EABL stated.

The company stated that its request is aimed solely at improving coordination and preventing conflicting orders in litigation involving the same transaction.

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EABL Seeks CJ Koome’s Intervention Over Court Cases Challenging Asahi Deal. Photo/ File