Mohamed Ali, the Nyali member of parliament, was the target of a slander lawsuit brought by the milk firm Brookside.
In July of this year, Brookside sued the MP over comments he made in March saying that it was taking advantage of farmers.
The case marked the first time a firm asked the court to interpret its constitutional rights to conduct business and to avoid suffering economic loss.
Judge Antony Mrima of the High Court received the case filing.
Ali’s accusations, according to Brookside, were made with the intent of stirring up public animosity toward the company.
The legislator allegedly stated at a political event in Nyeri County on March 3, 2022 that Brookside purchases milk from farmers for Sh20 and boils it before selling it to suppliers for Sh120.
The assertion, according to Brookside, was untrue and infringed against its rights under Articles 20, 33(2)(d), and 27 of the Constitution.
“Ali’s statements were meant to and did cause public resentment against the petitioner, its business practice, and the products which the petitioner manufactures and sells as part of its business. The statement was meant to and did cause economic and commercial harm to the petitioner and its business,” Brookside said in its suit papers filed by Shapley Barret and Company Advocates.
In the court documents, Brookside also refuted Ali’s claims that the company is 100% owned by the family of the late President Uhuru Kenyatta.
Jacob Ombongi, the company secretary for Brookside, stated in his declaration of support that the company has both domestic and foreign stockholders.
According to Ombongi, local investors, including the Kenyatta family, own 60% of Brookside while overseas investors hold 40% of the company’s stock.
The court ruled that Brookside could not demonstrate the financial loss it had sustained as a result of the MP’s words from March 2022, and Ali was cleared of all charges despite his denials of all the accusations.
