NAIROBI, Kenya, Feb 29 – A case in which Delmonte Kenya limited has sued Kiambu and Murang’a Counties for threatening not to renew its leases and demanding it accedes part of the land has been referred to Chief Justice Willy Mutunga to constitute a bench.
Justice Joseph Onguto has directed the case file to be transmitted to the CJ to constitute uneven number of judges not less than three to hear the case which raises weighty constitutional issues.
The South African pineapple firm moved to court last September accusing the two counties of making an unreasonable and unconstitutional decision to request it to demarcate and allocate 1,500 acres along Thika Kenol Highway to Muranga County.
In its letter dated May 26 2015 the County of Kiambu asked Delmonte to do so for public use.
But Delmonte contends that acceding to Kiambu County’s demand will not only render its business economically unsustainable, but it will also result in a vast majority of its 7,000 strong workforce losing their employment and their dependents losing their source of livelihood.