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Blow to Kenyatta family’s Brookside dairy in a lawsuit filed by Ruto’s ally

Kenyatta family’s Brookside dairy has been dealt a blow by the court in a lawsuit filed by Ruto’s ally, Mohamed Ali.

Attempts by Brookside Dairy Limited’s business to be compensated by Nyali MP Mohamed Ali for allegedly inciting the public to hurt business for causing economic and commercial harm have been dealt a huge blow by the court.

Brookside Dairy Limited is a milk processing company owned by the family of former President Uhuru Kenyatta.

The processor wanted the High Court to order the MP to pay an unspecified amount of damages after he alleged that it was exploiting and financially oppressing dairy farmers. 

It also sought a permanent order barring the lawmaker from advocating the alleged public hatred against it or inciting the public. 

However, the High Court on Thursday dismissed a case filed by milk processing company Brookside Limited against Nyali MP Mohamed Ali.

Justice Hedwig Ong’undi upheld arguments made by the MP that the petition by Brookside is flawed and that no rights, either constitutional or human, were violated when he made remarks regarding the company.

In his objection, Mohamed Ali argued that the suit was incompetent and that the company’s intention was to gag him. 

Through his lawyer Adrian Kamotho Njenga, the lawmaker downplayed claims that he had violated the company’s Constitutional rights. He argued that the rights enshrined in the Constitution, under the Bill of Rights, are to be enjoyed by natural persons and not corporate entities.

The lawsuit arose from remarks the MP allegedly made on March 3, 2022, at a political rally in Nyeri town. He alleged that Brookside was exploiting farmers by buying raw milk for Sh20 and reselling it at Sh120 after processing.

Court papers show that Mr. Ali said “Uhuru Kenyatta comes here, he buys milk at Sh20, he goes and boils it, and then sells it back to you at Sh120”.

“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,” the company said in its petition.

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