Mohamed Ali now seeks to auction Kenyatta family cows after defamation suit
Brookside Dairy Company had sued the outspoken legislator in July, 2022 alleging that he had incited the public against its products citing potential economic harm.
What you need to know:
- Ali had sought to be awarded with Sh10 million after Brookside Dairy lost the defamation suit.
- Brookside Dairy had appealed the ruling but the court never granted a stay of execution, resulting in the issuing of warrants of sale and attachment against the firm's immovable properties.
Nyali Member of Parliament Mohamed Ali is now seeking to auction properties linked to the family of former President Uhuru Kenyatta on grounds that they are yet to pay him Sh502,501 after losing a defamation case against the legislator.
In the case, Kenyatta family-owned Brookside Dairy had sued the MP in July 2022 for allegedly inciting the public to cause economic and commercial harm on its business. However, Justice Hedwig Ong’udi struck out the suit in October the same year after the court found the claim was filed in the wrong forum and awarded Mr Ali costs.
Now, the journalist-turned-politician is seeking to recover the costs and has cited a warrant of sale and attachment of movable properties issued on July 3, 2023, by the Milimani High Court. The document okays the execution of the auction to subsequently recover the amount owed.
‘’Whereas the judgment debtor(s) herein was/were ordered by decree/order of this court issued on the 11th day of October 2022 in the above-mentioned suit to pay the D/H the sum of Sh500,051 as taxed costs, Sh500,051, interest on Decretal amount further court fees Sh950 and collection fees, total Sh502,501,’’ reads a warrant of attachment of movable property in execution of degree for money issued by Deputy registrar Milimani High Court.
The warrant of attachment also directs the auctioneers to return to court and inform whether the auction was executed or not.
‘’You are further commanded to return this warrant on or before the August 30, 2023 with an endorsement certifying the day on which and manner in which it has been executed. Or why it has not been executed,'' it reads further.
According to a warrant sale documents issued by the High Court and copied to Fisra Auctioneers who are executors, Mr Ali is seeking to auction 40 dairy cows with an estimated value of Sh150,000 each, one cooling plant at Mundoro Gatundu South, Kiambu county worth Sh400,000, computer worth Sh20,000, seven reception seats Sh6,000 each, office desk worth Sh30,000, office chairs worth Sh20,000 and printers worth Sh14,000.
Brookside Dairy, which is domiciled within Ruiru in Kiambu County, had sued the outspoken legislator in July last year. The firm wanted Mr Ali to pay an unspecified amount of money to them in damages and also wanted him gagged from commenting about the company's affairs after he claimed that it was exploiting dairy farmers through poor milk prices.
Mr Ali had in March 2022 claimed that Brookside was buying raw milk from farmers at Sh20 per litre and reselling it at Sh120.
But Justice Hedwig Ong’udi struck out the suit after finding that the case had been filed in the wrong forum - the Constitutional and Human Rights Division.
Mr Ali’s lawyer, Andrian Kamotho, objected to the powers of the Constitutional and Human Rights Division to hear the case and eventually awarded Mr Ali with costs.
Mr Ali had sought to be awarded with Sh10 million after Brookside Dairy lost the defamation suit.
Brookside Dairy had appealed the ruling but the court never granted a stay of execution, resulting in the issuing of warrants of sale and attachment against immovable properties.
