KEROCHE TO FILE MORE DOCUMENTS ON POLICE HARASSMENTS

KEROCHE TO FILE MORE DOCUMENTS ON POLICE HARASSMENTS

By Chris Ojow

Nairobi’s Lady Justice Grace Nzioka granted Keroche Breweries through their officers of the Court to file more documents as evidence to the alleged Kenya National police Service harassment.

Where Keroche Breweries complained before Court that they have undergone countless Police harassment for no good reason and time for the vice to be stopped is long overdue.

The Judge further directed East Africa Breweries Limited (EABL) and Keroche Breweries to immediately stop their Advertising war in the local daily newspapers until the matter before her is heard and determined.

The dispute before the High Court at Milimani Nairobi is allegedly believed was triggered by the Advertisements placed in the local media Stations by the two beer markers more than a week ago, with each accusing the other over the use of their beer bottles.

Keroche Breweries who are represented by Muranga Senator and Officer of the Court Honorable Irungu Kang’ata, said the move by EABL of embossing all their beer bottles with the universal shape with its unique initials, is a negation of principles of a free and competitive market economy.

The Senator while submitting a brief submission before Lady Justice Grace Nzioka stressed that the act of exclusively embossing the beer bottles is predatory, noting that it locks out other sellers of beer from the Kenyan.

As the High Court on Tuesday 31st December 2019 at 11.37 am East Africa Time directed beer manufacturers East African Breweries Ltd and Keroche Breweries to stop further advertisement on the contest over beer bottles, until the hearing of a case filed by six beer distributors.

At the same time, Justice Grace Nzioka ordered the parties in the case to maintain a status quo, saying that the dispute was triggered from advertisements placed by the two beer markers more than a week ago, with each accusing the other over the use of the beer bottles.

The case was scheduled for hearing but it could not proceed following application by Competition Authority of Kenya, Inspector General of Police and the Attorney General, who are listed in the case sought more time to put in their responses.

Alexander Mugo, Jacob Wamiti, Phasty Wanjitu Wachira, Samuel Kamau, Catherine Wanjiru and Herman Mwaura, who filed the case, said they were entrepreneurs engaged in the distribution of alcoholic products supplied to them by Keroche.

The distributors, through lawyer Irungu Kang’ata, told the court that they have invested millions in capital to set up, acquiring of business licences and distribution business.

While saying it was their only source of income, the distributors accused EABL and KBL of engaging in acts aimed at phasing out Keroche Breweries out of the Market.

He said that the act of exclusively embossing the beer bottles is predatory, noting that it locks out other sellers of beer from the Kenyan market, who uses the same shape of bottle.

The lawyer further informed the court in the documents filed before it that allowing KBL and EABL exclusive use of the brown bottles is irrational and unreasonable and an abuse of intellectual property, misuse of dominance.

However in reply, EABL and KBL through Kamau Karori wants the court to dismiss the application saying it does not disclose any reasonable cause of action.

Karori further said the case seeks to frustrate a temporary injunction issued by another judge, restraining Keroche from distributing its Summit Larger and Vienna Ice ready to drink vodka with EABL’s engraved bottles or any other bottle bearing EABL mark which infringes on its trademark, pending the determination of the case.

He said that since the order was issued in 2017, every bottle bearing EABL’s trademark was deemed to belong to EABL.