Why Brookside has sued Nyali MP Mohamed Ali

Kenya’s leading dairy producer, Brookside Dairy has sued Nyali Member of Parliament Mohamed Ali over his recent remarks - alleging that the company is oppressing milk farmers and consumers.

According to the Nyali MP, Brookside Dairy limited company is exploiting farmers by paying them less money for a litre of milk and setting prices high for consumers.

Brookside filed the case before High Court judge Anthony Mrima, claiming the former journalist defamed their company's reputation - causing a negative responses from the public.

“The 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,” court papers read.

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The Brookside secretary, Jacob Ombongi has also refuted claims that the company is wholly owned by the Kenyatta's family, citing it contains both local and global investors and shareholders.

“H.E Uhuru Kenyatta, the President of the Republic of Kenya is a member of the Kenyatta family. Brookside Dairy Limited is the only company operating the above milk processing business with which H.E Uhuru Kenyatta is associated through ownership by some of his family members,” says Ombogi.

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Ombogi added that Mohamed Ali stated that usually president purchases milk at Sh20 and markets it back at Sh120 asserting that the statement indicates that the company is abusing its powers.

“The said words were understood in the public to refer to the petitioner, its business practices, and its products. In particular, the petitioner represented to the public by implication or otherwise that the petitioner carried on its business unlawfully or fraudulently by exploiting and underpaying farmers who supply milk to it as its raw material,” he states.

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The firm also defended itself claiming that they conduct business according to the law.

“In relation to the milk products purchased from the farmers or its suppliers as raw products, the petitioner is also obligated under the constitution to protect the suppliers' interests and not subject the farmers or suppliers to exploitation or unfair treatment,” Brookside noted.

Brookside Dairy limited demanded the court to ban Ali from instigating the public against them.