Kenyatta owned Brookside sues Nyali MP Mohamed Ali for incitement
A section of the Brookside Dairy factory in Ruiru, Kiambu County.
Brookside Dairy Limited, a milk processing company associated with the family of President Uhuru Kenyatta, has sued Nyali MP Mohamed Ali for allegedly inciting the public to cause economic and commercial harm to its business.
Brookside also wants the court to issue a permanent order barring the lawmaker from advocating public hatred against it or inciting the public.
It also wants Mr Ali compelled to respect its rights and reputation and compensate it for the alleged harm and loss he has caused.
The lawsuit arose from remarks the MP allegedly made on March 3 at a public 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 firm says in its petition.
In relation to its consumers, the company says 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,” says the firm, adding that its rights under Article 20, 33(2) and 27 of the Constitution were violated by the MP’s advocating public hatred against it.
By vilifying its products, the company argues, Mr Ali violated its constitutional right to a good reputation.
The company secretary, Jacob Ombongi, said in an affidavit that Brookside’s investors and shareholders include locals and internationals.
International shareholders hold 40 per cent shares and that some members of the Kenyatta family are among the local shareholders.
He said the MP’s remarks were false and malicious.
“The actions of the respondent were aimed at turning away or inciting resentment or hatred against the petitioner or its products by consumers of its processed products, its suppliers of raw milk and the public generally,” Mr Ombongi said.
