NAIROBI, Kenya, Oct 9 – A dispute over who has the authority to represent Procter & Gamble and Kimberly-Clark in a Kenyan court will be heard on October 19, following a challenge by 2,863 petitioners seeking to establish whether local entities can act for the multinational companies.
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.
They have asked the High Court to determine whether the local distributor has formal authority to act for the foreign parent company.
A similar challenge has been raised over the role of Kimberly-Clark South Africa (Pty) Ltd in proceedings involving the second and fourth respondents.
The petitioners’ lawyers said they had filed several applications since 2024 seeking a determination of the issue before the court considers the substantive claims.
The dispute centres on the separate legal status of companies operating under the same multinational group and whether a local subsidiary, distributor or affiliate can represent another company in litigation.
The case was previously handled by Justice Chacha Mwita before his elevation to the Court of Appeal. Justice Roselyne Aburili has since taken over the file.
A related application is pending at the Court of Appeal, where Civil Application No. E012 of 2026 seeks an extension of time to challenge earlier decisions on the same issue.
The petitioners’ lawyers said they would inform the appellate court of the October 19 hearing to minimise the risk of conflicting decisions.
The High Court’s decision could determine how the case proceeds and clarify the authority companies must demonstrate when representing separate corporate entities in Kenyan court proceedings.
