Civil claim linking to alleged slaying, rape, and attacks by guards at pineapple ranch should be struck out, claim company’s lawyers.
Jurisdictional Dispute
Fresh Del Monte is embroiled in a legal battle over a civil lawsuit filed in Kenya, alleging severe human rights violations on its Kenyan pineapple farm. The company argues that it should not be held liable for the alleged offenses, citing its domicile in the Cayman Islands.
Legal Proceedings
In the high court in Thika, lawyers representing Fresh Del Monte’s Kenyan subsidiary, Del Monte Kenya, sought to have the lawsuit against the farm dismissed entirely.
The civil claim, filed by human rights organizations on behalf of ten individuals, accuses Del Monte of egregious acts including assault, rape, and murder by its security guards.
Allegations and Backlash
The lawsuit follows revelations, initially reported by The Guardian, of alleged bribery attempts by Del Monte Kenya representatives to conceal the circumstances surrounding the deaths of four individuals who attempted to steal pineapples from the farm in December.
Court’s Decision Pending
A Kenyan court is set to determine next month whether Fresh Del Monte can be sued in the country. The court will then proceed with hearing the petition filed against the company and its Kenyan subsidiary for alleged human rights violations.
Response from Legal Counsel
Mwangi Macharia, representing one of the organizations bringing the case, criticized Fresh Del Monte’s jurisdictional defense, emphasizing the company’s responsibility despite its offshore domicile.
On the other hand, a lawyer for Fresh Del Monte argued that the parent company’s incorporation in the Cayman Islands placed it beyond the jurisdiction of the Kenyan court.