Nyali MP Mohammed Ali instructed a local auctioneering company to auction part of former president Uhuru Kenyatta’s properties to recover Ksh.500000 owned to him
In a letter signed by Adrian Kamotho Njenga, the legislator noted that he was yet to be paid the amount following his win in a defamation suit against the Kenyatta family.
The MP listed several items earmarked for auction including 40 dairy cows worth Ksh150,000 each, a cooling plant estimated to be worth Ksh400,000, computers, seven reception seats at Ksh6,000 each, office desks worth Ksh30,000, office chairs worth Ksh20,000 and printers priced at Ksh14,000.
The auctioneers were instructed to return the warrant before August 30, 2023, with an endorsement certifying the manner in which the auction was executed
“We hereby authorize and instruct you to execute the annexed warrants of attachments and sale … for the recovery of the decretal sum ordered by the High Court of Kenya, on October 11, 2022, and for the settlement of all costs, charges, penalties, interest, and expenses arising therefrom or incidental to the execution of our instructions,” the statement read in part.
“At all material times, we hereby agree to indemnify you against all costs, damage, losses, and expenses you may incur in the lawful exercise of your duties as licensed auctioneers,” the lawyer added.
In the suit, the defendant accused the legislator of defaming them by claiming that they were exploiting dairy farmers through poor milk prices.
In his defense, Ali argued that the suit was an attempt by the company to gag him from airing out concerns raised by the public.
“The Bill of Rights affords protection and guarantees for natural persons as individuals which protection does not extend to limited liability companies,” Ali, through his lawyer Njenga, stated.
Justice Hedwig Ong’udi of the Constitutional and Human Rights Division of the High Court, however, struck out the case after determining that the matter ought to be filed in a civil court.
The company was instructed to file the case at the right court. Further, the judge upheld the arguments by the MP and ordered the costs to be liable to the milk processor.
She directed that the petition was flawed and no rights were violated when Ali made the remarks against the company.