Wrangles between the embattled agricultural enterprise, Kakuzi PLC and the community living around the establishment escalated locals decried over continued human rights abuses.
Representatives of the villagers who met at Makutano village in Thika, Kiambu County over the weekend accused the company management of denying them their right to assemble peacefully as enshrined in the Constitution under Article 37.
They maintained that the company has been using police to thwart their gatherings despite making the requisite notices to authorities and alleged continued harassment of those who attempt to go through roads in the expansive farm.
“We have been reduced to refugees in our own country since we are not allowed to gather and discuss issues affecting us,” residents said.
However, the management in a rejoinder dismissed the claims, saying the firm operates under the law and has no capacity to limit the movement of persons in the confines of a public environment.
A statement issued by the Managing Director Chris Flowers says the company is on record having constantly called for investigations into allegations levelled against its employees.
“We believe justice can only be served when communities that we live within are protected against criminal behaviour. Any member of our staff, junior or senior, is subject to the laws of the land,” Flowers said in the statement.
The Murang’a based firm was on the spot over human rights abuse allegations ranging from murder, rape, assault and imprisonment against its employees and the neighboring community members.
Law firm Leigh Day said that 79 Kenyans had launched a legal claim in the High Court in London against Camellia for alleged human rights abuses by security guards employed by Kakuzi, its Kenyan subsidiary.
The allegations, dating from 2009 to January 2020, include rapes, attacks on local villagers, and a man being beaten to death, Leigh Day said.
However, Leigh Day lodged the case against Kakuzi’s parent company, noting the firm’s close supervision by its UK managers.
“The case is being lodged against the UK parent companies in the Camellia Group because of the clear evidence that Kakuzi is tightly supervised and controlled by those UK companies, and that senior managers in the UK companies also manage Kakuzi,” noted Leigh Day.
The UK Sunday Times published part of the allegations levied on Kakuzi which included the battering of a 28-year-old man to death over allegedly stealing avocados.
However, Kakuzi came out on the defence accusing Leigh Day of running a smear campaign against them and some of their customers.
Further, Kakuzi fingered Leigh Day for pursuing legal charges in the UK as opposed to pressing charges in Kenya.
“The allegations made in the Sunday Times article are against Kakuzi employees committing criminal acts against Kenyan Citizens, however the law firm Leigh Day has made it clear in their communications to Kakuzi that the Kenyan legal system is incapable of dealing with these cases,” the firm said in a statement.
“In their view, the allegations can only be heard in a British Court. Kenya attained its independence from Britain over 57 years ago. It is therefore unfathomable that a British law firm could assert that the Kenya judiciary is incapable of dealing with such claims.”
The Avocado Society of Kenya backed Kakuzi up, accusing the Sunday Times of colluding to run down Kenya’s avocado value chain as it defined Kakuzi as a ‘responsible corporate citizen’.
The allegations led Tesco to ban Kakuzi as its supplier on October 11, 2020 pending investigations.
Supermarket chains Sainsbury’s and Lidl also suspended Kakuzi supplies in the wake of the adverse reports.