A high-profile case involving JILK Construction Company Limited’s attempt to stop the sale of East African Breweries Limited (EABL) shares has taken an unexpected turn at the High Court, after questions emerged over the status of the company’s lawyer.
JILK is seeking to block the sale of shares by Diageo to Asahi Group Holdings. However, what was expected to be a routine court session quickly shifted direction when concerns were raised about whether the company’s advocate, Christopher Kibe Mungai, was properly licensed to practise at the time.
It emerged during proceedings that the lawyer only obtained a valid practising certificate on March 11, 2026. Records from the Law Society of Kenya (LSK) portal a day earlier had listed him as “inactive,” meaning he was not authorised to practise law at that point. The status was linked to failure to meet the required Continuing Professional Development (CPD) points for 2025.
Following the discovery, a formal inquiry was made to the LSK to confirm his standing. In a response dated March 12, the Society confirmed that the advocate had applied and paid for his 2026 practising certificate on March 11, making him eligible to practise from that date.
The timing has now raised questions about the validity of documents filed in court before the certificate was obtained. Under Kenyan law, an advocate must hold a valid practising certificate to represent clients, and any filings made without one can be challenged.
In court, JILK’s legal team acknowledged the issue, saying they would respond once a formal application is filed. Senior Counsel Nelson Havi, who is part of the team, did not address the matter during the session.
The court directed that any application challenging the advocate’s competence be filed within two days. As a result, a ruling on JILK’s earlier application has been temporarily put on hold.
Despite the setback, both sides proceeded to highlight their submissions, and the case is now set for mention on April 16, 2026.
Legal analysts say the issue could have serious implications for the case. Courts in Kenya have previously ruled that pleadings filed by an unqualified advocate are defective and may be struck out, depending on the circumstances.
For now, the focus shifts to how the court will handle the question of representation—and what it could mean for JILK’s attempt to halt the share sale.
