Keroche Distributers Lose Their Court Case Against EABL

The High Court has dismissed the Keroche distributors’ case they filed against EABL on alleged harassment of using beer bottles. It shows they have lost a battle in their war to allegedly even out their playing field with EABL in regards to using euro beer bottles.

Competition Authority of Kenya (CAK) filed an objection on the motion saying that the distributors should have consulted them first on the issue and the judge upheld it.

“I uphold the preliminary objection and strike out the application and plaint. I direct that the third defendant (CAK) to continue with the process it had commenced in respect of the complaint touching on the complaint herein and deal with it as per the law provided,” said Justice Alfred Mabeya.

According to the Judge, CAK has the right expertise and powers to hold a proper investigation which it will later act as evidence for the appeal of the case. He gave the watchdog 120 days to conclude with the investigations.

Justice Mabeya defends his verdict saying it will promote other alternative dispute resolution mechanisms, reduce litigation in courts, and affords the parties a platform to air their grievances.

The beer distributors have accused EABL of buying universal beer bottles and embossing them with their unique labels in a way to curtail production and market access to other beer makers. The distributors namely Jacob Wamiti, Alexander Mugo, Samuel Kamau, Catherine Wanjiru, Wanjitu Wachira, and Herman Mwaura have invested millions in setting up the business and acquiring trade licenses.

While this case was on harassment, there is still another case on beer bottles between Keroche and EABL. EABL is allegedly engraving the universal beer bottle which is may violate the Competition’s Act.