The Appellate Division of the COMESA Court of Justice is today, 4 November 2026, sitting in Nairobi, Kenya, to hear Middle East Glass Manufacturing Company S.A.E. v Republic of Kenya, Appeal No. 1 of 2026.

The appeal follows the First Instance Division’s decision of 24 June 2026, which struck out the company’s Reference and accompanying application for failure to exhaust local remedies under Article 26 of the COMESA Treaty.

The underlying dispute concerns Kenya’s excise duty regime for imported glass bottles. The company, incorporated in Egypt, challenges amendments introduced through the Finance Acts of 2021, 2023 and 2025. It alleges that the measures discriminate against glass products originating from non-EAC COMESA Member States, including Egypt, while exempting similar products from East African Community Partner States.

The Bench comprises Hon. Justice Marvin Sitwala Mwanamwambwa, Judge President; Hon. Dr. Justice Onesphore Baroreraho; Hon. Lady Justice Monica Kalyegira Mugenyi; Hon. Justice Masauko Timothy Msungama; and Hon. Lady Justice Salohy Norotiana Rakotondrajery Randrianarisoa.

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The proceedings are ongoing and are being streamed live on YouTube:

1. https://www.youtube.com/watch?v=9xTAXmxAsMQ

2. https://www.youtube.com/watch?v=HgZF8Ed7gaA

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