Court Throws Out Brookside Dairy's Defamation Suit Against Nyali MP Mohammed Ali

The High Court has thrown out a defamation suit filed by Brookside Dairy Ltd against Nyali MP Mohammed Ali, saying it was filed in the wrong forum.

Justice Hedwig Ong’undi determined on Thursday that the dispute should have been filed before the civil court instead of the constitutional and human rights division of the High Court as the issues raised involved defamation. She struck out the case with costs to Brookside.

Brookside, which is owned by former President Uhuru Kenyatta’s family, wanted the court to order the MP to pay an unspecified amount of damages for alleged economic and commercial harm to its business.

It accused the MP of inciting the public against it, citing his remarks on March 3rd at a public rally in Nyeri town where he claimed that the company exploits farmers by buying raw milk for Sh20 and reselling it at Sh120 after processing.

The milk processor further wanted the court to issue a permanent injunction barring MP Ali from advocating public hatred against it and be compelled to respect its rights and reputation and compensate it for the alleged harm and loss he has caused.

“The statement meant that the company exploits the dairy farmers who sell and supply milk to it as raw material for its business. The said statement also meant that the company subjects farmers or suppliers to unfair treatment,” Brookside said in its petition.

“The statement was meant to and did cause economic or commercial harm to the company and its business.” 

The company argued that Ali violated its constitutional right to a good reputation by advocating public hatred against it and vilifying its products.

But through lawyer Adrian Kamotho, Ali objected the suit, arguing that it was incompetent and that the company’s intention was to gag him. 

He also dismissed claims that he had violated the company’s Constitutional rights, stating that the rights enshrined in the Constitution under the Bill of Rights are to be enjoyed by natural persons and not corporate entities.