Last Updated on May 13, 2026 by courtnews reporter

Jilk Construction Moves to Block Asahi’s EABL Takeover in High Court

Published: May 7, 2026 | 8:18 PM EAT

Jilk Construction Company and its directors have moved to the High Court seeking to stop Asahi Group Holdings Ltd from taking over the assets and business of East African Breweries Limited.

In the constitutional petition, the applicants include:

• Betha Wanjiru Ndirangu

• Mary Njeri Wanyutu

• Sammy Maina Kamau

The petition seeks conservatory orders to stop the planned transaction pending determination of the case.

Human rights due diligence demand

Through lawyer Kibe Mungai, the petitioners want the court to block the takeover until the Attorney General certifies that Asahi has conducted human rights due diligence in line with United Nations business and human rights principles.

They also want grievances involving Diageo PLC and EABL addressed before the deal proceeds.

Regulators targeted in petition

The petitioners are seeking orders to stop:

• Capital Markets Authority

• Competition Authority of Kenya

from approving or facilitating the proposed transfer of Diageo’s shareholding in EABL.

The applicants are also seeking orders compelling Treasury CS John Mbadi to appoint a chairperson of the Competition Tribunal.

According to court filings, the lack of a chairperson has rendered the tribunal unable to function.

Sexual harassment and arbitration claims

Court documents show Jilk Construction lodged a complaint with the Competition Authority on January 12, 2026 accusing Diageo and EABL of:

• unconscionable business conduct

• sexual harassment involving female staff

• use of unauthorized personnel

• fabrication of evidence in arbitration proceedings

The petitioners say the Capital Markets Authority declined to investigate, citing lack of jurisdiction.

Fear takeover may happen before case is heard

The applicants told the court they fear the transfer of Diageo’s stake to Asahi could be completed before their complaints are heard, making their legal challenge meaningless.

Interested parties in the petition include:

• Kenya Commission on Human Rights

• Katiba Institute

• Kenya Human Rights Commission

• Law Society of Kenya

Justice Roselyne Aburili is expected to give directions on Monday.