July 1, 2024

Ruto’s ally now demands KSh10m from the Kenyatta family’s Brookside dairy

3 min read
Ruto's ally now demands KSh10m from the Kenyatta family's Brookside dairy

Ruto's ally, Mohamed Ali now demands KSh10m from the Kenyatta family's Brookside dairy

Ruto’s ally, Mohamed Ali now demands KSh10m from the Kenyatta family’s Brookside dairy.

Nyali MP Mohamed Ali is seeking Sh10 million from Brookside Dairy Limited, in the form of costs incurred in court during litigation of a defamation case the company filed against him in 2022.

The UDA MP and Ruto’s ally has lodged a legal fee note at the High Court in Milimani, Nairobi, claiming a sum of Sh10,049,725 from the milk processing company, which is associated with the family of former President Uhuru Kenyatta.

His claim comes after the company lost a bid to get damages from him for business losses. Brookside’s prayer for him to be gagged was also rejected.

In July 2022, Brookside filed a lawsuit against the MP on the grounds that he allegedly incited the public during a political rally to hurt Brookside’s firm financially and commercially.

The milk processor wanted the court to order the MP to pay an unspecified amount of money in damages after he alleged it was exploiting and financially oppressing dairy farmers.

Justice Hedwig Ong’udi struck out the suit in October 2022 after the court found the claim was filed in the wrong forum – the Constitutional and Human Rights Division. The MP was also awarded costs.

And now, in what sets the stage for a fresh tussle, The MP’s lawyer has filed a fee note (bill of costs) demanding Sh10,049,725 for the work done in defending Mr. Ali against Brookside’s prayer for orders for gross violation of constitutional rights, conducting research and preparing for the case.

The lawsuit arose from remarks the MP allegedly made on March 3, 2022, at a public 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.”

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In its court papers, the firm said, “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.”

Regarding its consumers, the company said the MP’s statement meant that it sells milk products that were not processed or manufactured to the required health or safety standards and are of substandard quality.

“The statement was meant to, and did cause economic or commercial harm to the company and its business,” Brookside said, adding that its rights under Article 20, 33(2), and 27 of the Constitution were violated by the MP, whom it accused of advocating for public hatred against it.

By vilifying its products, the company argued, Mr. Ali violated its constitutional right to a good reputation.

Brookside also alleged a violation of its rights as stipulated in Articles 20, 27, and 33 of the Constitution (on the Bill of Rights).

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