Court grants conditional injunction in medical supplies distribution dispute

The Plaintiffs through lawyer Phillip Nyachoti had moved to court on May 23, 2025, seeking to stop the Defendants from cutting off supplies of critical pharmaceutical products and medical machines to hospitals including The Nairobi Hospital, Aga Khan University Hospital, and Kenyatta University Teaching, Referral & Research Hospital. 

They also sought to block the Defendants from directly dealing with their clients and demanded the release of withheld high-specification machines destined for Jaramogi Oginga Odinga Teaching and Referral Hospital.

However, the Braun Medical Kenya Limited opposed the application, insisting the Plaintiffs owed them Ksh. 71.3 million in unpaid dues and had failed to disclose this debt to the court.

They argued that supplying the distributor without payment would amount to financing its operations at the expense of their own business, warning the debt could spiral to over Ksh.150 million.

"Ordering goods worth Ksh.86,374,023 when you already owe ksh.71,332,680 without any proposal on how you will pay for the supplies is the height of bad faith and should not be allowed by this court .....it cannot be said that the plaintiff have a right to order goods from the defendants without paying,” argued the defendants lawyer 

In his ruling, Lady Justice Josephine Wambua Mongare dismissed the Plaintiffs’ contempt application but found merit in their bid for an injunction, albeit on strict terms.

 “The Plaintiffs are indebted, and an injunction cannot issue in the circumstances unless they meet certain conditions,” the court held.

The court ruled that the Ikigai must pay Ksh. 31.5 million, 50% of the disputed debt, within 14 days.

Upon compliance, the Defendants will be restrained from withholding supplies, terminating contracts, blocking distributor accounts, or directly engaging the Plaintiffs’ customers. 

The Defendants were also ordered to release the withheld medical machines to allow immediate delivery to Jaramogi Oginga Odinga Teaching and Referral Hospital.

Failure to meet the payment condition will see the Plaintiffs’ application automatically dismissed.