2,863 petitioners challenge authority of local firms in P&G, Kimberly-Clark case
The petitioners, represented by Joseph Mwai Advocates, argue that Procter & Gamble Distribution East Africa Limited cannot automatically represent Procter & Gamble, the global manufacturer and trademark owner named in the proceedings.
NAIROBI, Kenya – A legal dispute over the authority of local firms representing multinational companies such as Procter & Gamble and Kimberly-Clark in Kenyan courts will be addressed on October 19. Two thousand eight hundred and sixty-three petitioners, represented by Joseph Mwai Advocates, are questioning whether local distributors can legitimately act on behalf of foreign parent companies in court proceedings.
The petitioners argue that Procter & Gamble Distribution East Africa Limited lacks the formal authority to represent Procter & Gamble, the global manufacturer and trademark owner involved in the case. They have also contested the role of Kimberly-Clark South Africa (Pty) Ltd in proceedings against two and four other respondents.
Since 2024, the petitioners have filed multiple applications to clarify the issue before the court proceeds with the substantive claims. The dispute revolves around the separate legal status of companies operating under the same multinational group, specifically whether a local subsidiary or affiliate can represent another entity in litigation.
The case was previously managed by Justice Chacha Mwita but is now under the jurisdiction of Justice Roselyne Aburili. Another related application at the Court of Appeal seeks an extension of time to challenge earlier decisions on the same matter. The petitioners' legal team intends to inform the appellate court of the October 19 hearing to prevent potential conflicting decisions.
The High Court's ruling could significantly impact how the case progresses and establish the authority necessary when representing separate corporate entities in Kenyan court proceedings.
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