Editor's Review

The High Court has dismissed a defamation case filed by Brookside Dairy Limited against Nyali MP Mohamed Ali.

The High Court on Thursday, October 13, dismissed a defamation case filed by Brookside Dairy Limited against Nyali MP Mohamed Ali.

In his ruling, Justice Hedwig Ongudi said that no constitutional rights of the firm were violated by the MP's remarks. 

He further ruled that the lawsuit by the dairy processing company was filed in a wrong division and hence should be filed in the correct court.

Brookside had accused the lawmaker of issuing defamatory remarks which would cause commercial harm to the milk processing company.

However, Ali defended himself arguing that Brookside was not capable of petitioning the High Court for the violation of its fundamental right.

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Brookside Dairy processing plant. IMAGE: COURTESY

Through his lawyer Adrian Kamotho, the lawmaker said that the company was a corporate entity hence not capable of petitioning the High Court.

“Brookside 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," Kamotho stated earlier.

The President William Ruto allied MP had made the statements during a political rally in Nyeri town on March 3.

Ali said that the dairy company was oppressing milk farmers by buying the product in cheap prices before selling it back expensively.