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Diageo asks Kenyan chief justice to intervene in bids to stop $2.3 billion Asahi deal

Diageo asks Kenyan chief justice to intervene in bids to stop $2.3 billion Asahi deal

- Diageo's East African Breweries EABL.NR, DGE.L unit has written to Kenya's chief justice seeking to speed up hearings of a series of cases to block the $2.3 billion sale of a 65% stake in EABL to Japan's Asahi Holdings 2502.T, a letter seen by Reuters showed.

A minority shareholder secured a court order stopping the deal last week, the latest in a series of challenges to London-listed Diageo's plan to sell its majority stake in EABL to the Japanese brewer as it implements a turnaround strategy.

  • The deal, announced in December, has faced three legal challenges so far including from a Kenyan beer distributor and a building contractor. Two were ultimately dismissed but did temporarily block the deal.

  • In a fourth challenge launched last week, the EABL minority shareholder secured another block on the deal from the High Court in Machakos.

  • The suit questions whether minority stakeholders will be treated fairly, among other grievances.

  • EABL lawyers wrote on Tuesday to Chief Justice Martha Koome, calling her attention to a "proliferation of parallel proceedings" and the risk of conflicting orders in relation to the deal.

  • The letter raised concerns about "apparent forum shopping", and said the Machakos case represented a strategy to secure relief from another High Court that had already been declined by the High Court in Nairobi.

  • The deal was governed by a time-sensitive contractual and regulatory timetable spread across more than one country, it said.

  • There was no immediate response from Koome's office. Diageo did not immediately respond to a comment request.

  • The parties in the deal have said they expect the deal to be completed in the second half of this year.


(Reporting by Duncan Miriri; Editing by Jan Harvey)

((duncan.miriri@thomsonreuters.com))

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