High-Stakes Case Takes Unexpected Turn as JILK Lawyer’s Practising Status Questioned
The ongoing, high-profile dispute in which JILK Construction Company Limited is seeking to stop the sale of EABL shares by Diageo to Asahi Group Holdings took an unexpected turn at the High Court yesterday. What had been scheduled as a routine highlighting of submissions regarding JILK’s application quickly shifted into a procedural setback for the company.
At the start of the hearing, a major issue was raised regarding the competence of JILK’s advocate on record, Christopher Kibe Mungai. It emerged that he did not hold a valid practising certificate until March 11, 2026.
Supported by documented records, this revelation set the stage for a legal contest over the validity of JILK’s filings in the case.
A check conducted on the Law Society of Kenya (LSK) online portal on March 10, 2026 confirmed that Kibe was listed as “inactive” and therefore not entitled to practise law at the time. The portal indicated that the advocate had accumulated zero (0) Continuing Professional Development (CPD) points for the year 2025.
Based on this information, an official letter was sent to the LSK on March 11, 2026, seeking confirmation of Kibe’s practising status.
On that same day, March 11, 2026, Kibe applied and paid for his 2026 practising certificate.
This sequence of events has raised administrative questions, particularly on how the practising certificate was issued despite the portal showing zero CPD points for 2025, and whether he met the requirements for renewal under the LSK’s continuing professional development rules.
The LSK responded in a letter dated March 12, 2026, confirming that Kibe had paid for his practising certificate on March 11 and stating that he is legally eligible to practise law from that date.
In court, counsel for JILK acknowledged that the advocate obtained a valid practising certificate on March 11, 2026, and indicated that they would respond to the issues once a formal application is filed.
Senior Counsel Nelson Havi, who is part of the legal team, did not address the matter during the proceedings.
The court directed that any application challenging the competence of JILK’s advocate be filed and served within two days.
As a result, the ruling on JILK’s earlier application dated February 17, 2026 has been put on hold pending the determination of this issue.
The parties then proceeded to highlight their respective submissions, and the matter is scheduled for mention on April 16, 2026.
The legal consequences of the issue could be significant for JILK. In Kenya, an advocate practising without a valid certificate risks having all pleadings filed and appearances made during that period declared invalid and capable of being struck out.
Courts have consistently held that pleadings drawn by an advocate without a valid practising certificate are defective and may be struck out under the Advocates Act. Similar standards are applied in other jurisdictions, including the United Kingdom and Australia, where strict compliance with certification requirements is enforced to protect the integrity of the legal process.
As the case continues, attention will now focus on how the court addresses the question of representation and what impact it may have on the broader dispute.