Jilk Construction Pushes for Urgent Hearing
Jilk Construction has asked the High Court to fast-track its dispute with Kenya Breweries Limited (KBL).
The company says new developments require urgent attention. It cited Diageo PLC’s planned sale of its shares in East African Breweries Limited (EABL).
The firm wants the case heard in March instead of April.
Justice Freda Mugambi certified the application as urgent. She directed the matter to be mentioned on February 13 for further directions.
Dispute Over Arbitration Orders
Jilk Construction also wants the court to vacate conservatory orders issued on December 1, 2024.
Those orders stopped arbitration proceedings between the parties.
In the alternative, the firm asked the court to reschedule the hearing to March 19, 2026. It also requested that cross-examination of witnesses and submissions be heard on that day.
Through lawyer Kibe Mugai, the company argued that the dispute arose during construction works at the Kisumu Brewery factory.
According to Jilk, Diageo PLC — not KBL — is the real party behind the dispute.
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Whistleblower Report Dispute
KBL, through its CEO Sammy Maina Kamau, filed a replying affidavit. The brewer said the petition is based on a whistleblower report.
KBL claimed the report was genuine and formed the basis of the petition.
However, Jilk Construction disputes this claim. It says the report was fabricated to block arbitration proceedings.
The company further argued that the whistleblower does not exist. It believes the report was created to shield Diageo PLC from liability.
The report was forwarded to the Directorate of Criminal Investigations (DCI) in July 2022.
Concern Over Diageo’s Planned Exit
Jilk Construction says Diageo PLC’s planned share sale to Asahi Holdings Ltd raises serious concerns.
The firm fears that if Diageo exits Kenya, it may complicate enforcement of any arbitration award.
“If that happens, the applicant is apprehensive that the nominal petitioner, KBL, will subject it to endless litigation,” the company stated in court papers.
The firm insists that the case must be concluded before the share sale is finalized.
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Arbitration Award Still Pending
Jilk Construction noted that since December 2024, KBL has benefited from ex parte conservatory orders.
Those orders stopped the arbitral tribunal from delivering its award.
The firm argues that such orders are rare in Kenya’s arbitration practice.
A hearing scheduled for January 21, 2026 was postponed after Jane Karuku and Eric Kiniti applied to be joined as interested parties.
The court will issue further directions on February 13.