Brookside Dairy Limited, a 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.
The company has requested the court to issue a permanent order barring the lawmaker from advocating public hatred against it or inciting the public.
It also wants the MP compelled to respect the company’s rights and reputation and compensate it for the alleged harm and loss he has caused.
The suit rose from remarks the MP purportedly 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.
The documents submitted to the court show that 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 Articles 20, 33(2), and 27 of the Constitution were violated by the MP’s advocating public hatred against it.
Company secretary, Jacob Ombongi, said in an affidavit that Brookside’s investors and shareholders include locals and internationals.
International shareholders hold 40 percent shares and 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.
