Group sues Del Monte over alleged killings, assault
National
By
Boniface Gikandi
| Jan 01, 2024
Victims of torture allegedly meted out to them by Del Monte Kenya Limited (DKL) guards have moved to the High Court seeking a declaratory order.
The petitioners, represented by lawyer Mbiyu Kamau moved to the court to seek legal redress following the drowning of four victims, after the autopsy revealed they were tortured.
In the court documents seen by The Standard, the victims want the fruit processor to be compelled to produce the names, and bio data including photographs of the security guards.
Other details sought are DNA reports of all their security guards implicated in the alleged killings, maiming, torture and violation of freedom of movement.
They are seeking compensation for punitive damages, the blatant, oppressive and highhanded violation of constitutional rights by Delmonte.
Respondents are demanding disclosure on the reported cases of victims of land injustices.
The police in Murang'a have launched investigations into the deaths of four men whose bodies were discovered on Christmas Eve and Christmas Day in Chania River near the pineapple plantation.
The victims want DKL to provide names, identities and the particular plantations where the disappearance occurred, list of guards on duty, and when the matter was reported.
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, and Erastus Njoroge, Samuel Mwaura.
The respondents seek to have unlimited access to social amenities through the public roads that pass through the fruit plantations.
Respondents are Delmonte, Cabinet Secretary Interior, Inspector General of Police, DCI, IPOA, ODPP, AG, with interested parties being Kenya National Human Rights Commission and Commission on Administration of Justice.
The move comes against the backdrop of the protracted battle over the control of thousands of acres between the national government, Murang'a county government, and Kandara Residents Association.
The battle for land compensation was ignited two years ago after it became public that the county government had acquired 1,400 acres for the construction of Kenneth Matiba Level Five Hospital.
Four years ago, five guards were charged before the High Court in Murang'a with the murder of Bernard Murigi after he trespassed in the pineapple plantation before his body was found dumped at Mabanda area along Thika- Gatanga road.