Delmonte guards torture case set for February 8 court

Respondents are seeking unlimited access to social amenities through public roads passing through the fruit plantations. [iStockphoto]

The High Court has directed that the matter surrounding alleged torture by Delmonte Kenya Limited guards be heard on February 8, following the declaration of urgency in the victim's application.

High Court Judge Florence Muchemi ordered that the respondents preserve their evidence concerning the alleged violation pending the inter-parties' hearing application.

"The respondents file their response to the petition lodged by the petitioners," the judge said.

The petitioners, represented by lawyer Mbiyu Kamau, moved to court seeking a declaratory order, a proclamation made by the court, saying whether an action is legal or illegal, procedural or unprocedural, or whether a party to a suit acted lawfully and within its powers.

The petition was filed following the drowning of four victims, with the autopsy revealing signs of torture.

The petitioners in the suit are the African Centre for Corrective and Preventive Action, Kagama, and the victims of brutality, namely, Patrick Gitura, Charles Ndegwa, Daniel Mwangi, Cecilia Waithera, Mercy Njoki, Stephen Kamande, John Kanyiri, Pius Kiarie, Erastus Njoroge, and Samuel Mwaura.

The respondents include DKL, Cabinet Secretary Interior, Inspector General of Police, DCI, IPOA, ODPP, and AG, with interested parties listed as Kenya National Human Rights Commission and Commission on Administration of Justice. The victims are seeking a court order compelling the fruit processor to produce the names and biodata, including photographs of the security guards.

They also request DNA reports for all security guards implicated in the alleged killings, maiming, torture, and violation of freedom of movement.

Additionally, they seek compensation for punitive damages, citing the oppressive, and highhanded violation of constitutional rights by Delmonte. The respondents are also demanding the disclosure of reported cases of victims of land injustices.

In 2019, five guards were charged with the murder of Bernard Murigi after he trespassed on the pineapple plantation. Last year, on Christmas Eve and Christmas Day, four bodies were retrieved from the Chania River near the pineapple plantation.

The victims in the suit are requesting DKL to provide names, identities, and the specific plantations where the disappearances occurred. They also seek a list of guards on duty and information on when the matter was reported.

The respondents are seeking unlimited access to social amenities through public roads passing through the fruit plantations.

The move comes against the backdrop of the battle over the control of thousands of acres between the government, Murang'a county government, and Kandara residents.