The High Court has dismissed a case filed by Brookside Dairy Limited against Nyali MP Mohammed Ali over remarks he made in March this year about the company.
Justice Hedwig Ong’undi ruled that the court lacked jurisdiction to hear and determine the matter.
The judge added that the petition does not raise a constitutional question and directed the company, if so wished, to file a claim before the correct court.
The milk giant had sued the MP for allegedly making remarks inciting the public against the company.
The company sought the court’s interpretation of its constitutional rights to do business, and not to be subjected to commercial harm.
According to court documents, in March this year, at a political rally in Nyeri County, Ali said the company buys milk from farmers at Sh 20 and thereafter boils it before selling it to suppliers at Sh 120.
Brookside said the statement was false, and that it violated its rights under Article 20, Article 33 (2) (d), and Article 27 of the Constitution.
According to Brookside, 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.
The company also dismissed Ali’s allegations that former President Uhuru Kenyatta’s family owns the firm 100 per cent.
In his supporting affidavit, Brookside’s Secretary Jacob Ombongi said the firm has both local and international shareholders.
The secretary said that international shareholders own 40%, while local shareholders including the Kenyatta family own the remaining 60%.
However, Ali objected to the case saying that the authority of the court was wrongly invoked bearing in mind Brookside is a corporate entity.
The Mp added that no action can arise from “an illegal act because Brookside continues to financially oppress Kenyan farmers.”
