Court Dumps Case Filed By Uhuru's Family Company Against Mohamed Ali

The judge of the Constitutional Court also ruled that no constitutional rights of the firm were violated by the MP's remarks.

Court Dumps Case Filed By Uhuru's Family Company Against Mohamed Ali
Nyali MP Mohamed Ali. /FACEBOOK

The High Court has dismissed a defamation suit that was filed against Nyali Member of Parliament Mohamed Ali by a milk processing company partially owned by former President Uhuru Kenyatta's family.

The MP had blamed the company for financially oppressing Kenyan farmers in a continuous manner on March 3, 2022, at a public rally in Nyeri town in the run-up to the August polls.

“Uhuru (Kenyatta) comes here, he buys milk at Ksh20, goes and boils it and then sells it back to the milk suppliers at Ksh120,” said Ali at the time.

Former President Uhuru Kenyatta during a past address. /PSCU

The company responded by arguing that his sentiments threatened the reputation of its business and would make its consumers stay away from its products.

“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,” the company told the court.

Justice Hedwig Ongudi however dismissed the suit, noting that it was filed at the wrong court, adding that it should have been filed in the proper court.

The judge of the Constitutional Court also ruled that no constitutional rights of the firm were violated by the MP's remarks.

The lawmaker's legal team had countered the company's suit and urged the court to quash the petition given that the matter was filed by a corporate body.

"The company is not lawfully capable of petitioning the High Court for violation of own fundamental rights and freedoms under Articles 22 and 23 of the Constitution as purported," Ali through his lawyer, Adrian Kamotho argued.

It is yet to be known if the company will pursue the matter before another court.

The Kenyatta family owns 50 per cent of the company and controls 45 per cent of the dairy market in Kenya, making it the largest milk processing company in the country.

Its products, including fresh and powdered milk, yoghurt and butter, are distributed in the East African countries of Kenya, Tanzania, and Uganda.

A glass of milk. /FILE