Court throws out Brookside's defamation case against MP Ali

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.

The MP had said Brookside Dairy, a milk processing company partially owned by the Kenyatta family, continues to financially oppress Kenyan farmers.

He made the remarks on March 3 at a public rally in Nyeri town. 

“Uhuru (Kenyatta) comes here, he buys milk at Sh20, goes and boils it and then sells it back to the milk suppliers at Sh120,” said Ali.

He urged the court to dismiss the petition.

Through lawyer Adrian Kamotho, the legislator said that no action can arise from "an illegal act because Brookside continues to financially oppress Kenyan farmers."

It is Ali's statement that led to the filing of the case by Brookside at the Milimani law courts.

Brookside, in its court documents, said the "hostile statement" by Ali meant that they exploit the dairy farmers who sell and supply milk to them as raw material for its business.

But Ali in objecting to the filing of the case said the authority of the court was wrongly invoked bearing in mind Brookside is a corporate entity.

Judge Ong'undi said is incompetent and that the court lacked jurisdiction and should be dismissed.