Two advocacy groups and individuals alleging to be victims of brutality by guards at the expansive food processing firm, Del Monte, have sued the pineapple plantation company seeking compensation.
The two organisations claim in the petition filed at the High Court that communities living in the areas surrounding the expansive farm have been brutalised and others killed by guards yet the company has allegedly failed to address their concerns or conduct investigations.
They said members of the community have been using access roads and paths traversing through the land held by Del Monte for centuries to reach social amenities in the nearby Thika town, leading to conflicts with the firm's security personnel.
In the process, they claimed, the guards have assaulted, beaten, tortured, maimed, raped and in some instances, killed trespassers.
“The Honourable Court be pleased to issue a declaratory order to the effect that the right to life, the prohibition of torture, inhuman and degrading treatment, the right to security of the person, the right to protection of the law… were violated in relation to the 3rd to 12th petitioners and the class of persons they represent,” said the petition.
African Center for Corrective and Preventive Action and Kagama, a community-based organisation, says multiple killings have occurred at Del Monte's pineapple farm where security guards allegedly murdered trespassers and showed general violence against residents. Ten petitioners are named in the case.
Cecilia Waithera said her 22-year-old son Daniel Mungai was allegedly murdered by the guards in 2019 when stealing pineapples at the farm.
“An award of exemplary, aggravated and/or punitive damages for blatant, callous, oppressive and highhanded violation of constitutional rights by the respondent,” they said.
They have also sought an order for the communities living around Del Monte and its environs to be allowed unlimited access to their social amenities in the nearby towns through the public roads through Del Monte Farm.
They have named Del Monte Kenya, Fresh Del Monte Produce, Interior CS Kithure Kindiki, the police boss and the Directorate of Criminal Investigations, among others as respondents.
