Court spares Coca-Cola for 'destroying sacred Raila tree' in Homabay
Former Prime Minister of Kenya Raila Odinga. His story with Kenya is about love — and, being about love, heartbreak. His latest audacious but ultimately doomed attempt for the presidency — so close, yet so far — has inspired a fresh round of tears from his supporters.
Coca-Cola Company has been spared compensating three activists who had sued the beverage maker for destroying a “sacred” fig tree that ODM leader Raila Odinga planted at Posta Grounds in Homa Bay town in 2014.
Justice GMA Ongondo of the Environment and Land Court dismissed the case saying the three activists did not demonstrate how their rights and freedoms were violated or threatened by the beverage maker after the tree was destroyed by its vehicle.
On March 25, 2017, a pickup from one of Coca-Cola bottlers rammed the tree while reversing near Bunge grounds, prompting the court suit.
Evance Oloo, Micheal Kojo and Walter Opiyo accused Coca-Cola of maliciously damaging the ornamental tree scientifically known as ficus sycamorus or Bongu in the Luo language, which was planted by Mr Odinga on August 2, 2014.
They sought compensation for the firm to facilitate Mr Odinga to visit Homa Bay and plant another tree at the same spot where he had planted the one that was destroyed.
“It is, therefore, my considered view that there are no constitutional issues that warrant adjudication by this court. So, the instant petition may very well constitute an abuse of the due process of the court,” the judge said.
The activists had also sought a declaration that the tree be adopted by the people of Homa Bay as a beacon of Luo Cultural and ecological heritage as a symbol of the communities to environmental conservation, health being and benefits.
The activists had sued Coca-Cola Company Limited, Kisii Bottlers, and Almasi Beverages and also named the Luo Council, of Elders and Mr Odinga as interested parties.
Almasi Beverages operated Kisii Bottlers, Mount Kenya Bottlers based in Nyeri and Rift Valley Bottlers in Uasin Gishu County before it was acquired by Coca-Cola Beverages Africa on June 12, 2019.
