Multinational corporations and the violation of Human rights in Kenya: a case study of Cirio del Monte in Kenya

Abstract

This study investigates the extent to which foreign direct investment inhibits the Kenyan State's capacity to check human rights abuse and the implications of Kenya's liberal investment policy on human rights issues. In addressing these questions the study focus on the violations of human rights by Cirio Del Monte Kenya Limited, a pineapple growing multinational subsidiary located in Thika. The main arguments for the extension of human rights duties to MNCs, the effectiveness of international and Kenyan legislative and institutional mechanisms in ensuring human rights compliance by MNCs explored. The case put forth is that the state, irrespective of its development and economic capacity, is capable of holding MNCs accountable for human rights excesses. Moreover, the state has an non-delegable duty to ensure that all natural or legal entities within its jurisdiction uphold and respect human rights including MNCs. The study finds that the existing Kenyan legislative and institutional framework as well as enforcement mechanisms are grossly inadequate and ineffective in ensuring compliance of human rights by MNCs; that the government's deliberate policy of non¬interference in investors' a ffairs has become counterproductive in that some errant corporate entities have a freehand to abuse human rights with impunity and without fear of reproach. The study comes to the conclusion that a delicate balance between foreign investment and human rights compliance by MNCs must be found. To this end a combination of corporate self-regulation and state regulations, backed by political will for selective vetting of investment are considered as viable alternatives