The High Court has issued orders restraining B. Braun Medical Kenya Limited and B. Braun Pharmaceuticals EPZ Kenya from withholding pharmaceutical products, medical machines and equipment from Ikigai Health K. Ltd and Triple Biovitals Limited.
Justice Josephine Mongare also compelled B. Braun to release the withheld high-specification medical machines to the Plaintiffs for immediate supply and delivery to Jaramogi Oginga Odinga Teaching and Referral Hospital.
This, however, is upon the condition that the plaintiffs pay a sum of Sh 31,500,000 being 50% of the disputed sum due and owing to B. Braun Medical Kenya Ltd.
The judge ordered that the payment be made within fourteen (14) days from the date of this order.
“The plaintiffs’ application dated 23rd May 2025 is hereby allowed on the condition that the plaintiffs pay a sum of Sh 31,500,000 being 50% of the disputed sum due and owing to the 1st defendant and that payment be made within fourteen (14) days from the date of this order,” Justice Mongare ruled.
In addition, the court restrained the 1st and 2nd defendants from terminating the contracts in place for the supply of the 3rd defendant’s (Braun Melsungen AG, Melsungen/Germany) products to the plaintiffs.
Termination of contract
Ikigai and Triple Biovitals moved sued B. Braun for sudden termination supply of supply of pharmaceutical products, equipment and machines.
Through lawyer Philip Nyachoti, the court heard that the two companies supplied the same to the Nairobi Hospital, Aga Khan University Hospital and Kenyatta University Teaching Referral and Research Hospital.
Others include the Kenya Medical Supplies Authority (KEMSA), Coast General Teaching and Referral Hospital, Jaramogi Oginga Odinga Teaching and Referral Hospital, Mwai Kibaki Level 6 hospital among others.
Nyachoti told the court that the said termination of supply is in bad faith, malicious, unlawful, unprocedural, mischievous and aimed at irregularly and illegally terminating the contracts between B. Braun and the applicants.
The applicants submitted that the said move has led to patients suffering for not receiving any or sufficient treatment making them exposed to danger as some of them stand to lose their lives unless the court intervenes immediately.
However, Braun claimed that the move was as a result of the applicants’ indebtedness to them.
The court heard the applicants owe B. Braun Sh 71,332,680.17 which was not disputed.
According to the respondents, the applicants made a further order of goods worth over Sh 86 million without any proposal on how to pay.
The judge ruled that in default of the plaintiff paying the sum of Sh 31,500,000 as ordered above, their application dated 23rd May 2025 shall stand dismissed and all the prayers sought therein shall be deemed vacated without further reference to the court.