KENYA – Kenya Breweries Limited (KBL), a subsidiary of East African Breweries Limited (EABL), has pleaded with a judge to suspend an application seeking to have its senior executives charged for alleged contempt of court in a fight with a former distributor, Business Daily notes.
Bia Tosha, one of the largest beer distributors in Kenya, wants the High Court of Kenya to punish three senior officials of EABL to civil jail for six months or an equivalent of 20 percent of EABL’s sales, for allegedly disobeying court orders in a long-running court battle.
The three officials include East African Breweries Limited (EABL) chief executive Jane Karuku and former EABL managing director Andrew Cowan.
Through senior counsel Njoroge Regeru, KBL said there is a risk that the case might be fixed for hearing, yet they have filed an application for review of the judgment issued on February 17 at the Supreme Court.
“Given the foregoing, it is clear that the petitioner’s (Bia Tosha) applications are intended to pre-empt the outcome of the review application pending before the Supreme Court and to defeat any decision that the Supreme Court might make pursuant to the said application,” Mr. Regeru said.
In addition, Jane Karuku, together with Andrew Kilonzo, the managing director of Uganda Breweries Ltd, wants the apex court to review the decision issued in February, saying the court condemned them unheard.
In an affidavit, Mr. Kilonzo says that they have never been served with any contempt of court application at the High Court, Court of Appeal, or the Supreme Court, yet a serious charge has been made against them.
Similarly, KBL has accused the distributor of deliberately concealing some facts about the matter, thereby misleading the Supreme Court to make the contempt of court decision, without allowing them to be heard.
Mr. Regeru said the application for review is pending at a hearing and all parties have filed their responses. “Notably, the review application seeks, among other things, an order staying the very contempt proceedings that the petitioner has improperly brought before this court. This is, therefore, one of the issues that the Supreme Court must rule on,” Mr Regeru submitted.
In February, the Apex court ruled in favor of Bia Tosha by directing EABL to reinstate the distributor to the contested routes.
Anne-Marie Burugu, managing director of Bia Tosha, said the cases filed in the High Court by the distributors following the Supreme Court order are nearly similar, arguing that they are under the direction of EABL.
“The respondents have acted with reckless abandon and with total contempt for the authority of this court, have continued to infringe upon the applicant’s distribution areas,” she argues in documents filed in court cited by Business Daily Kenya.
“…That the respondents, upon conviction for the contempt, be condemned, individually and collectively, to pay a fine equivalent to 20 percent of their gross company turnovers as reflected in their respective 2021-2022 published accounts.”
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