A legal case involving Del Monte Kenya Limited and two counties has been referred to Chief Justice Willy Mutunga, whose writings in the past would not indicate he has much sympathy for the multinational.

Kenyan Court Justice Willy Mutunga

The company is the Kenyan subsidiary of U.S.-headquartered group Fresh Del Monte (NYSE: FDP).

Capital News reported Del Monte was suing the Kiambu and Murang’a Counties for threatening not to renew leases on lands where it has been growing pineapples.

In October, Kenya's Central Organisation of Trade Unions (Cotu) called on the national government to put an end to the issue, claiming it put jobs and foreign investment prospects at risk.

The issue has escalated since then, with High Court Judge Joseph Onguto opting to pass it on to Mutunga, who is expected to appoint an uneven bench of at least three judges to decide on the matter.

A Del Monte spokesperson declined to comment on the matter.

In 2002, Mutunga co-authored the essay "Exposing the Soft Belly of the Multinational Beast: The Struggle for Workers' Rights at Del Monte", alleging human rights abuses on and around the company's operations and detailing the efforts of local players, an Italian NGO and supermarket chain Coop Italia to try and achieve a change in practices.

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