NAIROBI, Kenya — A group of Kenyan petitioners has moved to the High Court seeking to block a proposed shareholding transaction involving East African Breweries Limited, Diageo plc, and Asahi Group Holdings pending investigations into alleged human rights and corporate governance violations.
The petition was filed by JILK Construction Company Ltd alongside petitioners Betha Wanjiru Ndirangu, Mary Njeri Wanyutu, and Sammy Maina Kamau.
The applicants are seeking urgent conservatory orders to stop the transaction involving Diageo’s shareholding in EABL until the court has fully heard and determined the matter.
Also named in the suit are the National Treasury and Economic Planning Cabinet Secretary, the Office of the Attorney General, the Capital Markets Authority, and the Competition Authority of Kenya.
Through lawyer Kibe Muingai, the petitioners argue that the proposed transaction should not proceed before the Attorney General confirms that proper human rights due diligence has been conducted in line with the United Nations Guiding Principles on Business and Human Rights.
The applicants are also asking the court to bar the Capital Markets Authority and the Competition Authority from approving or facilitating the transaction while the case remains pending.
According to court filings, the dispute stems from complaints lodged before the Competition Authority in January 2026, accusing Diageo and EABL of unfair business practices.
The petitioners allege incidents involving sexual harassment of female employees, the use of unauthorised personnel in a project, and fabrication of evidence during arbitration proceedings.
However, the Competition Authority allegedly declined to investigate the complaints, stating that the issues raised fell outside its statutory mandate.
The petitioners further argue that they were denied an avenue for appeal because the Competition Tribunal is currently non-operational due to the absence of a chairperson.
As part of the petition, they are seeking orders compelling the National Treasury Cabinet Secretary to appoint a chairperson to the tribunal to restore its operations.
Pending that appointment, the applicants want the court to stop the Competition Authority from approving the proposed share transaction.
The petitioners are also asking the court to compel both the Attorney General and the Competition Authority to hear and determine their complaints against Diageo and EABL.
In the court documents, the applicants warn that allowing the transaction to proceed before their grievances are resolved could result in irreversible changes to corporate control and market operations that may be difficult to undo later.
The petition is supported by affidavits sworn by Kevin John Njuguna and Sammy Maina Kamau.
