The ongoing legal battles surrounding the proposed acquisition of East African Breweries PLC (EABL) by Japan's Asahi Group Holdings have reignited concerns over Kenya's investment climate, after Senior Counsel Ahmednasir Abdullahi suggested that the multi-billion-shilling deal continues to face court obstacles because some parties are seeking illicit payments.
The proposed Ksh340 billion takeover is among the largest corporate transactions in Kenya's history and has been widely viewed as a significant foreign direct investment opportunity. However, the deal has become increasingly associated with prolonged litigation, repeated court applications and injunctions that have delayed its progress.
Ahmednasir, popularly known as the "Grand Mullah", sparked debate after commenting on the matter through his X account, where he claimed that endless litigation surrounding the transaction was driven by individuals seeking a share of the deal.
He stated that "some people can't let a deal worth Kshs 340b pass without their cut... this is Kenya bwana... lipa pesa."
The remarks have amplified concerns within corporate and legal circles about whether Kenya's judicial processes are providing certainty for major commercial transactions or creating an environment where large investments can be delayed indefinitely through repeated legal challenges.
While parties have a constitutional right to seek justice through the courts, concerns have emerged over whether major commercial disputes can ever reach finality when fresh cases continue to be filed after previous objections have been dismissed.
Critics argue that recurring litigation in high-value transactions risks undermining investor confidence, particularly when similar disputes reappear in different courts despite earlier rulings on related matters.
Ahmednasir's comments have also fueled wider debate about allegations of rent-seeking within commercial litigation. Although his claims remain his personal views, observers note that such assertions coming from a senior member of the legal profession are likely to attract attention from both investors and policymakers.
The controversy has also drawn scrutiny to the Judiciary and, in particular, Justice Josephine Mong'are, whose handling of aspects of the EABL-Asahi dispute has generated discussion among some members of the legal fraternity.
Former Law Society of Kenya (LSK) President Nelson Havi has publicly questioned matters associated with her court and called for greater scrutiny.
Attention has focused on an ex-parte injunction issued by Justice Mong'are from the Machakos court station, temporarily affecting the transaction despite previous proceedings involving the deal having largely been handled at the Milimani Law Courts in Nairobi.
The development has triggered debate over forum shopping, a practice where litigants seek a court they believe may offer a more favourable outcome.
For investors, analysts say the greatest challenge is not necessarily litigation itself but prolonged uncertainty.
Major investors typically factor legal disputes and commercial risks into their decisions. However, recurring injunctions, lengthy court battles and procedural delays can create uncertainty around the completion of transactions, potentially affecting investment decisions.
The EABL-Asahi dispute has therefore evolved beyond a single corporate transaction and become part of a broader conversation about the balance between access to justice and commercial certainty.
As Kenya continues positioning itself as a regional investment hub, analysts argue that the country must ensure both principles coexist. Investors require confidence that disputes will be fairly heard and conclusively resolved, while litigants must retain their constitutional right to challenge decisions through the courts.
With billions of shillings and Kenya's investment reputation at stake, the outcome of the EABL-Asahi saga is likely to remain under close scrutiny from both local and international observers.
