Kenya: High Court Lifts Freeze On Kbl Arbitration Award in Kisumu Brewery Dispute

What the report says

AllAfrica, carrying a Capital FM report by Phidel Kizito, says Kenya’s High Court has cleared the way for an arbitration award to be published in a dispute between Kenya Breweries Limited (KBL) and Jilk Construction Company Ltd linked to construction of KBL’s Kisumu brewery. The ruling, delivered by Justice Francis Gikonyo, lifts conservatory orders issued in December 2024 that had stopped delivery and publication of the award after arbitration ended in 2024.

According to the report, KBL had challenged the process, alleging constitutional breaches, misconduct and corruption, claims Jilk denied. Justice Gikonyo found that keeping the award suspended indefinitely would weaken arbitration and party autonomy. He said KBL could still seek constitutional remedies, but that publication of the award itself would not remove that right.

The court relied in part on Article 159 of Kenya’s Constitution, which encourages alternative dispute resolution and limits court interference except where the law allows. The judge also noted that multiple filings by KBL, Jilk and interested parties had contributed to the matter remaining unresolved for more than a year.

In related findings, the court dismissed KBL’s bid to cite Jilk for contempt, saying the issue had been overtaken by the withdrawal of a contested supplementary affidavit. It also found that Jilk’s letters to regulators and prosecutors did not improperly duplicate proceedings. A further request by interested parties to halt parallel criminal proceedings was rejected, with the court holding that civil and criminal matters may run at the same time unless abuse of process or constitutional violations are shown.