By Sam Alfan.
A construction firm wants the hearing of a dispute between it and beer maker Kenya Breweries Ltd (KBL) brought forward citing new developments surrounding the plans by Diageo PLC to sell its shares in the company.
Jilk Construction Company urged the court to bring the hearing forward in March instead of scheduled hearing in April.
“In view of the planned divestiture of Diageo PLC through the sale of its shares in East African Breweries Limited, the court be pleased to direct that this petition be heard and determined by 30 April 2026,” the firm urged.
Justice Freda Mugambi certified the application as urgent and directed that the matter be mentioned on February 13 for directions.
Jilk Construction wants the court to vacate orders obtained by the brewer and reschedule the hearing to March 19.
In the alternative, the firm asked the court to set aside conservatory orders issued ex parte on December 1, 2024, stopping the arbitration proceedings.
“This court be pleased to vacate the directions made on January 21, 2026 and issue fresh directions as set out in prayers 3 and 4 hereof,” the construction firm stated.
The firm further sought orders that the hearing of the petition, including cross-examination of witnesses and highlighting of submissions, be conducted on March 19, 2026.
Through lawyer, Kibe Mugai, Jilk Construction argued that the subject matter of the petition concerns arbitration proceedings between KBL and the construction company.
The dispute, it said, arose between Jilk Construction and Diageo PLC, KBL’s majority shareholder, during the execution of building contracts at the Kisumu Brewery factory.
The firm contended that Diageo PLC is the true petitioner in the matter, not KBL.
In a replying affidavit sworn on December 1, 2025 by KBL’s Chief Executive Officer, Sammy Maina Kamau, the brewer said the petition is primarily founded on a fraudulent and fabricated report by an anonymous whistle-blower, allegedly procured by Diageo PLC and later handed over to KBL.
KBL stated that the report was intended to sustain a conspiracy to pervert the course of justice, culminating in the grant of ex parte conservatory orders on December 1, 2024.
“Notwithstanding the foregoing, the applicant expected that substantive justice would be achieved by fast-tracking the hearing of the petition, upon whose dismissal the arbitral tribunal would deliver its award,” Jilk Construction stated.
However, the firm argued that following public disclosure of the sale of Diageo PLC shares to Asahi Holdings Ltd, KBL has adopted a strategy designed to delay the hearing and determination of the petition until Diageo PLC exits the court’s jurisdiction.
“If that happens, the applicant is apprehensive that the nominal petitioner, KBL, will subject it to endless litigation, turning its quest for justice into a mirage,” the firm said in court documents.
Jilk Construction further stated that on December 16, 2025, after dismissing its preliminary objection, the court issued directions to fast-track the hearing of the petition, which was scheduled for highlighting of submissions on January 21, 2026.
The firm noted that the decision to fast-track the matter was informed by the fact that since December 1, 2024, KBL has been enjoying ex parte conservatory orders that stopped the arbitral tribunal from delivering its award.
It argued that such orders, granted without hearing the other party, are unprecedented in Kenya’s arbitration jurisprudence.
The hearing scheduled for January 21, 2026, however, aborted after Jane Karuku and Eric Kiniti filed an application dated January 20, 2026 seeking to be joined as interested parties in order to respond to allegations made against them.
Jilk Construction reiterated that the petition is founded on an anonymous whistle-blower report which it believes was fraudulently procured and fabricated by Diageo PLC, then handed to its subsidiary, KBL, to institute the petition and derail arbitration proceedings.
The firm noted that the report was forwarded to the Directorate of Criminal Investigations (DCI) by KBL’s advocates in a letter dated July 26, 2022.
The firm claimed that the whistle-blower remains unidentified because he or she does not exist, arguing that the report was fabricated to shield Diageo PLC from liability for alleged human rights violations.
Further, Jilk Construction alleged that KBL and Diageo PLC conspired through their actions and omissions to defeat its claims, which are the subject of an arbitral award whose delivery has been halted pending determination of the petition.
The arbitration proceedings, the firm said, concern disputes between Jilk Construction and officials, consultants and front companies of Diageo PLC.
“While the petitioner executed the construction agreements, the project was fully but unlawfully implemented by Diageo PLC, which is why it has viciously sought to frustrate the arbitration proceedings and quash the impending award through various manoeuvres and conspiracies, including filing the present petition,” the firm stated.
