Kenyan Distributor Wins Injunction Against German Pharma

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A Nairobi court has issued a conditional injunction in favor of Ikigai Health Kenya Limited in its ongoing battle with German pharmaceutical giant B. Braun, offering temporary relief in a dispute over unpaid debts and blocked medical supplies destined for leading Kenyan hospitals.

Highlights:

  • Ikigai Health Kenya sued B. Braun to prevent supply cuts to major hospitals.
  • The German firm claims the distributor owes Sh71.3 million in unpaid dues.
  • Dispute involves withheld medical machines for Jaramogi Oginga Odinga Hospital.
  • Court granted injunction on strict conditions, citing Ikigai’s outstanding debt.
  • Judge rejected contempt claims but allowed temporary protection for the distributor.

Main Story:

The Dispute Over Supplies

Ikigai Health Kenya Limited, a medical supplies distributor, moved to court on May 23, 2025, seeking orders to stop B. Braun and its subsidiaries from cutting off supplies of crucial pharmaceutical products and medical machines. The distributor argued that blocking supplies would affect major hospitals, including The Nairobi Hospital, Aga Khan University Hospital, and Kenyatta University Teaching, Referral & Research Hospital.

Ikigai also demanded the release of withheld high-tech medical equipment meant for Jaramogi Oginga Odinga Teaching and Referral Hospital, warning that patients would suffer if the standoff persisted.

The Debt Argument

In response, Braun Medical Kenya Limited pushed back, claiming Ikigai owed Sh71.3 million in unpaid bills. The company insisted it could not continue supplying without payment, warning the outstanding debt could balloon to over Sh150 million.

“Ordering goods worth Sh86.3 million when you already owe Sh71.3 million without offering a repayment plan is bad faith,” B. Braun’s lawyer argued, maintaining that Ikigai had no right to demand supplies without clearing its dues.

Court’s Ruling

Lady Justice Josephine Wambua Mongare dismissed Ikigai’s contempt application but acknowledged the need to safeguard medical supply chains. She granted an injunction on strict conditions, emphasizing that while the distributor deserved temporary protection, its outstanding debts could not be ignored.

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

The decision leaves Ikigai with a lifeline, but the company must now balance legal relief with its financial obligations.

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As Kenya’s courts weigh commercial debts against public health needs, the case raises a bigger question: should access to lifesaving medical supplies ever be held hostage to financial disputes?