Yet Another Blow for Bia Tosha as Court Rejects Bid to Halt Diageo–Asahi Transaction

Bia Tosha has suffered another legal setback after the High Court dismissed its latest attempt to stop the proposed Diageo-Asahi transaction involving East African Breweries PLC (EABL).

In a ruling delivered today, the court held that Bia Tosha had already chosen to pursue the matter before the Court of Appeal and could not return to the High Court seeking similar interim orders. The application, dated May 4, 2026, was dismissed with costs.

The decision reinforces the court’s insistence on procedural discipline in a dispute that has generated multiple applications and amendments over several years. According to the court, once Bia Tosha elected to seek relief from the Court of Appeal, the High Court was no longer the appropriate forum to grant the same interim intervention.

Legal observers say the ruling strengthens the principle that parties should not pursue overlapping remedies in different courts at the same time. The latest setback follows recent proceedings in which the court directed the parties to first determine which version of Bia Tosha’s petition is properly before the court before any substantive issues can be considered.

That direction arose amid disputes over a Further Amended Petition that sought, among other remedies, to challenge the transaction and introduce a claim worth KES 45 billion. The court’s focus on resolving foundational procedural issues before addressing the merits of the case has increasingly shifted attention away from headline-grabbing allegations and toward the legal basis of the claims being advanced.

For EABL and parties backing the transaction, the ruling removes an immediate legal obstacle to the completion of the proposed deal. Although the broader dispute remains unresolved, the latest decision is likely to be seen as strengthening EABL’s position that the matter should proceed through established legal channels rather than through multiple parallel applications seeking similar relief.

The case remains active, but the ruling marks another significant procedural victory for EABL and a fresh setback for Bia Tosha in its efforts to challenge the transaction through the courts.