NAIROBI, April 29, 2026 — The High Court has moved to streamline proceedings in the long-running dispute between Bia Tosha Distributors Limited and East African Breweries PLC (EABL), directing that the official record of the petition be clarified before any substantive hearing proceeds.
During a case management session on Tuesday, the presiding judge said the court must first determine which version of the petition is properly before it, following years of multiple filings and amendments.
The case, which has been in court for over a decade, includes several pending applications as well as a Further Amended Petition filed in January 2026 by Bia Tosha. The latest filing seeks to halt the Diageo-Asahi transaction through an injunction and introduces a claim of Sh45 billion.
EABL and Diageo have opposed the amended petition, arguing that the matter is before a constitutional and human rights court, while the remedies sought—particularly the monetary claim—fall within the scope of commercial litigation.
The judge emphasised that establishing the operative pleadings is critical to ensure efficient use of judicial time and to avoid procedural confusion.
The court directed all parties to file and highlight submissions on the status and admissibility of the Further Amended Petition. Once a ruling is issued on this issue, the court will provide directions on how the matter will proceed, including whether the main petition and pending applications will be heard separately or together.
The parties are set to return to court on May 28, 2026, for submissions on the procedural question.
The directive is expected to bring clarity to the case, paving the way for a more structured hearing after years of legal complexity.