Court dismisses petition against Del Monte, cites lack of jurisdiction

Lady Justice Florence Muchemi ruled that the court does not have the jurisdiction to determine the petition and dismissed an accompanying application seeking to amend the case, stating it lacked merit.

“This court declared itself to lack jurisdiction to hear and determine the petition,” said Justice Muchemi.

“Being a public interest matter as it appeared to the court after reviewing the documents, I hereby order each party to bear its own costs.”

The case, filed by a rights group and local community activists, accused Del Monte of responsibility for violent incidents, including killings, allegedly perpetrated by its security personnel. 

The accusations come amid a long-standing land ownership dispute between Del Monte and local communities, who claim the company’s 10,000-acre plantation near Nairobi sits on ancestral land.

The petition alleged that locals crossing into the plantation have faced severe retaliation, including beatings, torture, rape, and even murder.

The petitioners alleged that Del Monte security guards were involved in multiple killings of alleged trespassers, who were reportedly beaten, drowned in plantation dams, or had their bodies discarded in nearby rivers. 

Del Monte, one of Kenya’s largest employers with 6,000 workers, has denied the allegations.