Kenya: High Court Allows Regulatory Process for Diageo-Asahi Deal to Proceed

12 January 2026

Nairobi — The High Court has allowed regulatory approval processes for the Diageo-Asahi transaction to continue, even as it issued a temporary order restraining the final stages of the deal.

In directions issued on Thursday, the court ruled that statutory and regulatory processes linked to the transaction should proceed without interruption, noting the significance of the deal and declining to halt ongoing approvals.

However, the court issued a temporary preservation order lasting 11 days, until January 20, 2026, restraining only the final steps of the transaction. The court did not stop preparatory or regulatory engagements.

The case arises from an application filed by Bia Tosha Distributors Limited. The matter has since been referred to the Presiding Judge for reallocation and will be mentioned on January 20 for further directions.

East African Breweries (EABL) said the court orders allow regulatory phases of the transaction to continue, while maintaining that the dispute before the court relates to local distribution arrangements and is separate from the shareholding structure of its parent company.

AllAfrica publishes around 500 reports a day from more than 80 news organizations and over 500 other institutions and individuals, representing a diversity of positions on every topic. We publish news and views ranging from vigorous opponents of governments to government publications and spokespersons. Publishers named above each report are responsible for their own content, which AllAfrica does not have the legal right to edit or correct.

Articles and commentaries that identify allAfrica.com as the publisher are produced or commissioned by AllAfrica. To address comments or complaints, please Contact us.