Kenya High Court Lifts Freeze on KBL Arbitration Award in Kisumu Brewery Dispute
Stories are grouped across languages, rewritten into a fixed editorial format, and linked to original sources.
TL;DR
- Kenya High Court lifted an order blocking publication of an arbitration award between KBL and Jilk Construction.
- The dispute concerns the construction of KBL's Kisumu brewery.
- KBL's allegations of constitutional violations and misconduct were not enough to keep the award suspended.
- The court confirmed civil and criminal proceedings could proceed in parallel.
Overview
The High Court of Kenya has lifted a conservatory order that blocked the publication of an arbitration award in a commercial dispute between Kenya Breweries Limited (KBL) and Jilk Construction Company Ltd relating to the construction of the Kisumu brewery. The dispute has involved various legal challenges and allegations, with the court ultimately supporting the publication of the concluded arbitral award.
What Happened
On 22 July 2026, Justice Francis Gikonyo of the High Court of Kenya lifted earlier orders that had prevented the publication and delivery of an arbitration award in a dispute between Kenya Breweries Limited and Jilk Construction.
The conservatory orders had been in place since December 2024, following allegations by KBL of constitutional violations, misconduct, and corruption, which Jilk Construction denied.
The judge held that suspending the award indefinitely could undermine the principle of arbitration and that publication of the award does not remove KBL's right to pursue constitutional remedies.
Additionally, the court dismissed KBL's application to have Jilk cited for contempt, and declined to stop parallel criminal proceedings related to the dispute.
Context
The disagreement stems from a contract over the construction of KBL's Kisumu brewery. The arbitration process had concluded in 2024 but the award's publication was frozen due to KBL's legal challenges.
Applications from both parties and interested third parties contributed to the prolonged delay in resolving the dispute.
Why It Matters
- The ruling allows the arbitration award to be published and clarifies that alternative dispute resolution mechanisms should not be unduly delayed by court intervention.
- It reinforces party autonomy in arbitration and confirms that civil and criminal proceedings related to the same matter can proceed simultaneously unless explicitly abusive or unconstitutional.