Fresh Del Monte argues that it cannot be held responsible for a civil case accusing its Kenyan pineapple farm’s security guards of killing, rape, and violence because it is based in the Cayman Islands.
On Thursday, in the Thika high court, attorneys representing Del Monte Kenya, a subsidiary of the company, also requested for the dismissal of a case against the farm.
A group of human rights organizations filed a civil claim in Kenya on December 30 against Fresh Del Monte and Del Monte Kenya, representing 10 individuals.
The text discusses instances of violence by Del Monte’s security personnel against individuals who enter the 40 sq km farm that spans three counties. These incidents include physical assault, beatings, torture, mutilation, sexual assault, and/or murder.
The court hearing followed revelations in the Guardian that representatives of Del Monte Kenya were accused of offering bribes in an attempt to cover up the circumstances in which four men died after going to steal pineapples from its farm in December. The report was part of an investigation with the Bureau of Investigative Journalism into allegations of violence and killings by the farm’s guards.
A court in Kenya will need to decide next month if Fresh Del Monte can face a lawsuit in the country regarding a petition against the company and its Kenyan branch. The petition accuses the company of human rights abuses such as murder and torture of individuals caught stealing pineapples from their farm.
According to Mwangi Macharia, a legal representative of the African Centre for Corrective and Preventive Action (ACCPA), one of the parties involved in the lawsuit, Del Monte’s claim that they cannot be held accountable due to their location in the Cayman Islands is highly negligent. Macharia stated, “It is unacceptable for Del Monte to claim they are based in the Cayman Islands and immune to legal action, yet still operate pineapple plantations in Africa.”
According to legal documents submitted by Samir Inamdar, a lawyer representing Fresh Del Monte, Del Monte Kenya is a fully owned subsidiary registered in Kenya. The parent company, incorporated in George Town, Cayman Islands, falls outside the jurisdiction of this court.
Kiragu Kimani, an attorney representing Del Monte Kenya, stated that the allegation did not meet the required legal criteria. He also emphasized that this matter should be addressed before any additional claimants are included. In a court filing, Del Monte Kenya argued that the case should be dismissed as it lacks foundation and is deemed to be offensive, pointless, and harassing.
Relatives of the victims who were reportedly attacked by Del Monte guards gathered outside the Thika court during the Thursday hearing. Uniformed police officers were present and prevented some family members from entering the compound, despite heavy rain.
Attorneys representing the plaintiffs brought up the matter of law enforcement being present in front of Lady Justice Florence Muchemi, who stated that it would be looked into.
Macharia Kamau from ACCPA informed the court that they were faced with a large and excessive number of police officers this morning. The road leading to Thika highway was barricaded and there was at least one lorry and six police vehicles at the entrance to Thika town. Another group of heavily armed police officers were present at the main entrance to the Thika law courts, and a third group was stationed outside the court. As a result, fifty of their clients were forced to stand in the rain due to the intense police presence.
He stated, “The individuals I represent are nonviolent; they have suffered violence, which is why they are in court. It would only add to their trauma to be confronted by heavily armed police as they pursue justice.”
Roda Wayua Kimeu, whose son’s body was one of four recovered from a river by the farm over Christmas, was among the relatives who attended court. While her son’s case is not part of the claim, she is one of many hoping Del Monte could be made liable for other allegations of violence.
Benjamin Kilule, whose brother Francis Ngoki Kilule also passed away following the December incident, was present at the hearing and expressed optimism, even though his brother’s case was not included. He stated, “It gives us hope to see that the pursuit for justice is underway.”
Source: theguardian.com
