BY SAM ALFAN.
A company associated with the former President Uhuru Kenyatta has suffered a major blow after the High Court dismissed a petition seeking damages against Nyali MP Mohamed Ali.
Justice Hedwig Ong’udi dismissed the petition by Brookside Daily limited, which sought for damages against the MP for allegedly inciting the public against its products.
“I find that the petition offends the doctrine of the constitution avoidance and does not raise a constitutional question. Let the petitioner (Brookside Daily limited) file its claim before the correct court,” ruled Judge Ong’udi.
Nyali MP had filed had opposed the case by the milk processing company arguing that the case does not raise constitutional issues.
The legislator said the petition raises issues to do with the defamation which should be handled by the Civil Division of the High Court.
Ali argued that Brookside daily case absolutely incompetent and constitutional court lacked jurisdiction to hear and determine it.
He further added that case by Brookside daily was fatally defective and militates against time honored doctrine of exturpi causa non aritur actio to the extent that Brookside daily continue to financially oppress Kenyan farmers in utter disregard of the daily industry ( pricing of daily produce ) regulation 2021.
“Brookside daily is manifestly using disguised proceedings for collateral purposes in utter abuse of legal process, more so to unlawfully gag me,” said Ali.
He also added that Brookside daily does not disclose and cause of action known to against him.
The company sued the MP for allegedly inciting the public to cause economic and commercial harm to its business.
According to Brookside dairies, the law on defamation on its own does not contain sufficient remedies on vilification and it is an enabling law on human dignity protected under Article 28 and reputation under Article 33(3) which is different is different from vilification.
The company urged the court to issue permanent order restraining the lawmaker from advocating public hatred against it or inciting the public.
It further urged the court to compel Ali to respect its rights and reputation and compensate it for the alleged harm and loss he has caused.
