Proceedings: In 2019, seventy-nine Kenyans filed a legal claim in the British High Court against the British agricultural company Camellia Plc, the parent company of the Camellia Group, along with its two British subsidiaries, Linton Park Plc and Robertson Bois Dickson Anderson Limited. The plaintiffs accused these companies of human rights abuses carried out by their Kenyan subsidiary, Kakuzi Plc. 

The Kenyan subsidiary manages a vast area of land (54 square miles) in central Kenya, where it cultivates avocados, pineapples, macadamia nuts, timber, and raises livestock. It supplies these products to major UK retailers, including Sainsbury’s, Lidl, Tesco, and Marks and Spencer. 

Kakuzi’s extensive property includes water sources, paths, roads and schools situated on land registered to the company. Several communities are located around and within these plantations, and Kakuzi employs several hundred security personnel to guard its properties.  

Main Claims: The plaintiffs, who live near Kakuzi Plc’s plantations, allege serious human rights violations by security guards employed by Kakuzi. These claims include incidents of killings, rape, attacks, severe injuries, false imprisonment and other forms of mistreatment occurring between 2009 and 2020.  

The plaintiffs alleged that the defendants actively intervened in, controlled, supervised, and provided guidance on Kakuzi’s corporate social responsibility practices. 

The case was brought with the support of the Centre for Research on Multinational Corporations (SOMO), the Ndula Resources Centre, and the Kenyan Human Rights Commission, which have documented the alleged human rights violations for several years. 

Court Orders: Following a request by the defendants for the disclosure of the claimants’ names, the High Court of Justice in London ruled in September 2020 to maintain their anonymity in order to shield them from potential risks. 

Further Developments: 

On February 14, 2021, the parties reached a settlement agreement that included: 

• Financial compensation for 85 victims, with the specific amounts kept confidential. 

• The establishment of an Operational-level Grievance Mechanism (OGM) by Kakuzi to address future allegations of human rights abuses, which will be subject to independent oversight and implemented within 12 to 18 months. 

• The construction of three new roads, including two that cross Kakuzi’s land, to improve community access to services without the need for licenses. 

• The hiring of about 30 female Safety Marshalls on the Kakuzi farm to provide visible support, particularly for vulnerable women, over the next three years. 

• The creation of a Technical Working Group to survey and demarcate land which has been previously donated by Kakuzi. 

• Funding for charcoal kilns and access to firewood to enable local communities to produce and sell sustainable charcoal for income generation over the next three years. 

• The construction of two social centres for community meetings in Kinyangi and Munyu.  

• The development of a human rights defenders´ policy to be implemented within 12 months.