Tesco suspends avocado supplier amid investigation into alleged human rights abuse

12 Oct 2020 --- Seventy-nine Kenyan workers are alleging human rights violations that are connected to the supply chain of avocados imported into the UK. The legal claim in London’s High Court is against Camellia Plc, which owns a 50.7 percent stake in a subsidiary operating a Kenyan plantation embroiled in a series of abuse allegations, including violence and rape.

UK retailer Tesco has dropped one of its avocado suppliers pending the investigation. 

In a statement sent to FoodIngredientsFirst, a Tesco spokesperson confirms: “Any form of human rights abuse in our supply chain is unacceptable. We have been working closely with the Ethical Trading Initiative (ETI), alongside other ETI members, to investigate this issue and ensure measures have been taken to protect workers.” 

“However, in light of additional allegations published, we have suspended all supply whilst we urgently investigate.”

The suspension of avocado supplies to Tesco follows media reports over the weekend that detail alleged abuses involving the Kenyan plantation. The company is also believed to supply other UK-based retailers. 

Represented by UK law firm Leigh Day, the case is being brought with the support of the Kenyan Human Rights Commission and the Centre for Research on Multinational Corporations (SOMO).

Camellia and Kakuzi’s roles
Camellia Plc is listed on the London stock exchange and is a large agricultural business that owns plantations around the world, employs over 78,000 people and in 2019 generated revenues in excess of £290 million (US$377 million), according to Leigh Day.

Its Kenyan subsidiary, Kakuzi, operates a 54-square mile plantation in central Kenya. Its website says that its Hass avocados are accredited by Marks & Spencer (M&S) and part of Tesco’s Nurture Choice range.

The Kakuzi farm occupies land acquired during the colonization of Kenya by Britain in the early 20th century. It also includes land seized from local communities during the Kenya Emergency (1952-1960) and land sold by European farmers who left Kenya after independence in 1963, notes Leigh Day.

Many local communities live on or next to land registered to Kakuzi. Their water sources, paths, roads, and schools are on land registered to Kakuzi.

Camellia responds
Camellia has hit back with a statement that says: “The welfare of the people in the group and those working in our investee companies is very important, as we hope is clear from our values and our culture as shown by the examples in our ESG report Custodianship in Action.”

“Kakuzi is a Kenyan farming company, quoted on the Nairobi stock exchange and is led by Kakuzi’s Board of Directors on behalf of its 3,000 employees and 1,300 (mostly Kenyan) shareholders. Camellia bought a 50.7 percent stake in the 1990s but we don’t have operational or managerial control, nor control of the Board.” 

“As we and indeed anyone would expect, Kakuzi is investigating the very grave allegations made in this article. The legal claims have been brought on a no-win-no-fee basis by UK law firm Leigh Day in the UK.” 

Camellia points out that Leigh Day is not a licensed Kenyan law firm and so cannot bring the claims in Kenya.

It continues that Kakuzi is investigating the allegations so that if there has been any wrongdoing, those responsible for it can be held to account. If appropriate, safeguarding processes will be improved.

The statement also noted that the Financial Times article – published over the weekend – did not mention that Kakuzi also has in place a fully-funded alternative dispute resolution process so that anyone who feels they have been mistreated can get independent legal advice and support, paid for by Kakuzi, with anonymity provided.

However, Leigh Day has published the details of the allegations as part of a company statement on its website, dated October 11, 2020. 

Details of the allegations
The incidents of violence include the following:

- Ten women were raped by Kakuzi’s security guards, including a 16 to 17 year-old girl who was raped after being caught collecting firewood on the company’s land and another who was violently raped, also after being caught collecting wood, by two guards. Some became pregnant and contracted HIV as a result.
- A young man was beaten to death by Kakuzi’s security guards in May 2018 for allegedly stealing avocados.
- Men and women were beaten, injured or unlawfully detained by Kakuzi’s security guards, including a man who sustained serious long-term injuries after being kicked in the head by a guard wearing heavy boots.
- Thirty-four men and women involved in a protest on September 2, 2014, were attacked by Kakuzi’s security guards, including with a rungu (wooden club).
- A journalist and cameraman reporting on a protest led by children at Gitutu Secondary School in September 2016 were assaulted by Kakuzi’s security guards.

The attacks are said to have been part of a pattern of systemic violence and intimidation of villagers by Kakuzi guards over many years and which have been documented by local human rights organizations.

Leigh Day also notes that the victims have insisted on anonymity since they fear reprisals by Kakuzi guards and others. 

“They have offered to disclose their identities to the defendants in a manner which allows the claims to be investigated but which meets their security concerns. Camellia has flatly refused this and insists that the identities of the victims should be disclosed without any safeguards,” a statement reads. 

Denials and investigations
This morning, Kakuzi also released its own statement that wishes to “set the record straight” following the publication of articles over the weekend. 

“This is to inform our shareholders and the public that an article appeared yesterday in a UK newspaper, the Sunday Times, which was intended to damage the reputation of Kakuzi and by association, its customers… In July 2020, Leigh Day dropped the court claims against Kakuzi. It has now become clear that the strategy is instead to run a smear campaign against Kakuzi and some of its customers.”

“This we assert because, as far as we know, few of these accusations have ever been reported to Kakuzi or the Kenyan authorities. The claims having been made anonymously has hindered any investigation to get justice for those who seek it.”

“In the case of the tragic death of the young man highlighted in the article the matter was reported to the relevant authorities and investigations are ongoing. Kakuzi has settled with the deceased’s legal representatives as appointed by the Kenyan Courts on the civil matter.”

“The allegations made in the Sunday Times article are against Kakuzi employees committing criminal acts against Kenyan citizens, however, the law firm Leigh Day has made it clear in their communications to Kakuzi that the Kenyan legal system is incapable of dealing with these cases.” 

“In their view, the allegations can only be heard in a British Court. Kenya attained its independence from Britain over 57 years ago. It is therefore unfathomable that a British law firm could assert that the Kenya judiciary is incapable of dealing with such claims,” it says. 

The Kakuzi statement goes on to say that the company does not condone any criminal activities or behavior by any of its employees and that it has requested the Office of the Director of Public Prosecutions to investigate the allegations of criminality and take action in accordance with the law.

“Kakuzi remains committed to its core values of supporting local communities through economic empowerment, the continued well-being of our employees and the sustainability of our environment,” it concludes.

The full statement can be viewed here. 

By Gaynor Selby

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