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Friday, June 18, 2021

‘I used to be assaulted by Kenyan avocado farm guard’

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Mudhikwa Musau was assaulted by a Kakuzi safety guard

Two ladies who say they had been assaulted by safety guards at Kenya’s Kakuzi farm have spoken about what they are saying occurred to them.

Their claims come because the agri-business seeks to sue Kenyan human rights teams over what it says are false allegations of abuse.

Critics say the Kakuzi lawsuit is geared toward successful again contracts not too long ago misplaced in a UK grocery store boycott.

The corporate informed the BBC it does not tolerate wrongdoers.

Mudhikwa Musau, 88, lives in a village only a few minutes’ stroll from the tree-lined perimeter of Kakuzi’s huge farmland in central Kenya.

In 2009 she was assaulted by one of many agency’s safety guards. Talking within the native language of Kamba, she demonstrates how the assault was carried out.

“I used to be caught like that and he was catching me right here like this. I used to be taken spherical. He stood up and stepped on me. He stepped on my neck. He held my neck and turned it round. He lined my mouth whereas I screamed.”

Mudhikwa Musau says she went to the police after making her criticism, however she by no means heard concerning the case once more.

Kakuzi says one among their staff was convicted of the assault, however he was acquitted of a rape allegation made by Ms Musau. They are saying the case had nothing to do together with his employment on the agency as a result of the 2 had been identified to one another.

Sixty-five-year-old Marium Wanja has additionally spoken about what she says she endured. She says she bore two kids to Kakuzi safety guards within the Nineteen Nineties.

Marium Wanja

Marium Wanja says her marriage broke down after two Kakuzi safety guards allegedly raped her.

“I used to be raped by Kakuzi safety guards and it price me my marriage,” she stated.

“The second time after I used to be raped, [my husband] stated: ‘I’m now drained. I’ve given you as much as the safety guards of Kakuzi. Go and stick with the safety guards.'”

Over the previous 30 years, dozens of stunning allegations have been levelled in opposition to Kakuzi guards by local people members. The accusations embody rape, assaults and even killings.

Final yr UK supermarkets determined to behave. Tesco, Sainsbury’s and Lidl boycotted Kakuzi, suspending all orders for his or her merchandise.

Feminine safety

The claims of human rights abuses got here to the eye of the British grocers when a lawsuit representing 79 Kenyans was lodged within the English Excessive Court docket final October, introduced by the British legislation agency Leigh Day.

Among the many claimants had been the mother and father of a younger man accused of stealing an avocado. He was allegedly crushed to demise by Kakuzi safety guards.

David Ndambuki, a former worker who fought for improved labour rights on the firm, says due course of ought to have been adopted as a substitute: “For me, that individual was purported to be arrested and brought to the court docket.”

Kakuzi’s British mum or dad firm, Camellia, settled the group lawsuit in February, agreeing to a £4.6m ($6.5m) pay-out, with out accepting legal responsibility for any of the allegations. Kakuzi was not a part of the settlement.

Kakuzi promised to develop a brand new grievance mechanism, construct new entry roads for native villagers and make use of feminine security marshals.

The corporate additionally commissioned a non-public consultancy to hold out an impartial human rights evaluation. The agency, known as Ibis, informed the BBC it was at the moment gathering info for its evaluation.

However whereas, on the one hand Kakuzi, has been taking steps to handle issues about allegations of human rights violations, on the opposite it’s suing the Kenya Human Rights Fee and a neighborhood NGO known as the Ndula Useful resource Centre.

Kakuzi accuses the teams of constructing unfounded claims about historic allegations of abuse in a joint assertion they issued when the UK settlement was reached.

In response to BBC questions on why Kakuzi determined to launch proceedings within the Kenyan courts after its mum or dad firm settled the earlier case, the corporate wrote: “We’re asking the Court docket to order that proof be offered to determine the instances and have perpetrators dropped at guide and prosecuted via the legal justice system.

“Thus far the KHRC has refused to supply this proof which is a violation of constitutional rights. Additional, they proceed to intentionally distort details on unrelated instances.

UK supermarkets

Kakuzi added that any allegations of rape are “very critical allegations and like all allegations have to be taken with the seriousness they deserve. Proof have to be offered to the Kenyan investigative authorities.

“Kakuzi will, after all, totally co-operate in any such course of – we do not tolerate wrongdoers in our firm or group.”

Kakuzi, which farms nuts, pineapples, timber and livestock alongside avocadoes, says it is trying ahead to European prospects resuming orders subsequent season.

Whereas British supermarkets say they have not but resumed shopping for from Kakuzi, Tesco, Sainsbury’s and Lidl informed the BBC they had been monitoring the corporate to see if enchancment in practices are made.

Mary Kambo from the Kenya Human Rights Fee says, “We’re calling upon the UK market… we’re not inviting them to do a minimize and run however actually to leverage on their place as a market.”

Mary Kambo

Mary Kambo, from the KHRC, says Kakuzi’s authorized battle is designed to win again prospects within the UK.

Concerning Kakuzi’s authorized motion, she stated: “[It’s] clearly meant to re-attract the market within the UK, however I am undecided that is one of the best ways.

“I feel Kakuzi is doing extra hurt than good… The communities will now converse and say we’ve got suffered hurt.”

Villagers dwelling in and round Kakuzi farm shall be watching intently to see if the monetary may of international supermarkets can immediate actual change on the bottom.

Replace 11 June 2021: This story was amended to mirror additional info offered by Kakuzi.

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