Nyali MP Mohamed Ali is seeking Sh10 million from Brookside Dairy.
The legislator is looking to recover court fees associated with a defamation suit brought against him last year by the Kenyatta family-owned company.
A legal fee note for Sh10,049,725 has been filed by Ali before the High Court in Milimani, Nairobi, demanding payment from the milk processing company.
His lawyer, Adrian Kamotho, wants the company to pay for the work done in defending his client against Brookside’s prayer for orders for gross violation of constitutional rights, conducting research and preparing for the suit.
Kamotho also wants other services including court attendances and document filings, paid for.
The matter will be mentioned on April 17.
Brookside sued Ali in July 2022 after he allegedly told Nyeri residents that the company was exploiting farmers.
“Uhuru Kenyatta comes here, he buys milk at Sh20, he goes and boils it and then sells it back to you at Sh120,” the MP is quoted in court documents.
The company accused the lawmaker of causing economic and commercial harm to the entity.
“The statement was meant to, and did cause economic or commercial harm to the company and its business,” Brookside said.
Further, it stated, the two-time MP violated Article 20, 33(2) and 27 of the Constitution by advocating for public hatred against it.
Brookside also alleged violation of its rights under Articles 20, 27 and 33 of the Constitution (on the Bill of Rights).
But according to Ali the rights enshrined in the Constitution, under the Bill of Rights, are to be enjoyed by natural persons, not corporate entities.
“The Bill of Rights affords protections and guarantees for natural persons as individuals which protection does not extend to limited liability companies such as Brookside,” he said.
In October 2022, Justice Hedwig Ong’udi threw out the suit after the court found the claim was filed in the wrong forum – the Constitutional and Human Rights Division.
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