Raila, Coca-Cola, and a fig tree: Case of an expensive accident

On March 25, 2017, a driver was reversing her company’s pick-up truck near Bunge grounds in Homa Bay town when she crushed the sapling of a fig tree behind her, which she had not noticed.

What appeared to be a minor accident involving the Toyota vehicle belonging to the Coca Cola Company and the young “sacred” tree has turned out to be a big issue and the subject of a court case, four years later.

Unknown to the driver, locals considered it a sacred tree with great cultural significance, planted by none other than former Prime Minister and Orange Democratic Movement (ODM) party leader Raila Odinga.

Four year later, three local activists have sued Coca Cola for allegedly destroying the tree.

The activists have asked the court to compel the beverage company to facilitate Mr Odinga to visit Homa Bay Town and plant another fig tree, locally referred as bongu, at the exact spot where he had planted the one that was destroyed.

Fateful day

In Central Kenya, the fig tree (Ficus sycomorus), or Mugumo, is simiarly considered sacred. There is always panic in the community whenever a fig tree falls down or is destroyed. 

In Nyanza, elders hold their meetings under the shade of the tree. Mr Odinga planted the tree on August 2, 2014 when he toured Homa Bay Town for a political function and to usher in the devolved system of governance. 

Members of Bunge la Wenye Nchi, a group of local activists in Homa Bay town, believe that the tree was meant to rescue Nyanza region from its political and economic woes.

The bongu tree had grown to a height of about 3.5 metres when it was crushed.

On the fateful day, the driver failed to notice the little plant that was growing behind her vehicle as she reversed it. 

Replica of the tree

ODM supporters, who would always water the plant every morning, demanded that action be taken against the driver of the car and company she worked for.

The case was reported at Homa Bay Police Station under OB number 16/25/3/2017.

Coca Cola is said to have made attempts to bring a replica of the tree, which failed to impress some of the ODM supporters.

An assessment from Kenya Forest Services (KSF) in April 2017 estimated the cost of the tree to be about Sh68,000.

Mr Evance Oloo, Mr Micheal Kojo and Mr Walter Opiyo filed a case under a certificate of urgency before the Environment and Land Court in Migori County on Tuesday, saying, the fig tree was traditionally always handled with care.

Tree's sacred nature

Coca Cola Company Limited, Kisii Bottlers Limited, and Almasi Beverages have been listed as the first, second and third respondents, respectively.

The Luo Council of Elders and Mr Raila Amolo Odinga have also been listed as first and second interested parties.

The activists say the tree should only be planted by Mr Odinga because of its sacred nature and that it would not grow if planted by someone who is not “chosen”.

Justice G. Ongondo of the Environment and Land Court has scheduled the case for hearing on June 21.

The activists are expected to file their submissions during the course of the case.

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