Man behind sale of fake fertiliser freed on Sh5m bond

The owner of two companies behind the sale of Sh209 million worth of fake fertiliser has been released on Sh5 million bond after spending a night in custody.

Mr Josiah Kariuki Kimani was ordered by Milimani anti-corruption magistrate Celesa Okore to deposit the bond to secure his release.

The trader denied a total of seven charges, including conspiracy to defraud, forgery, uttering forged documents and applying a standardisation mark to a product not in conformity with the standard.

His co-accused, including suspended National Cereals and Produce Board (NCPB) managing director Joseph Muna Kimote and two others, denied the charges last week and were granted bail.

Mr Kimani, through his companies, is accused of packaging soil conditioners disguised as organic fertiliser, which were distributed to farmers through SBL Innovate Manufacturers Limited and African Diatomite Industries Limited.

The court heard that he committed the offence on January 12, 2023.

He is alleged to have conspired with others not before the court to deceive the Kenya Bureau of Standards (Kebs), Nakuru Region offices.

The court was told that Mr Kimani forged an agreement for the value-adding of soil amendment and conditioners to organic fertilisers and animal supplements, purporting it to be a genuine and valid agreement signed between his two companies and the standardisation body.

Genuine standardisation mark

Mr Kimani was also accused of forging a standardisation mark number 14617 on behalf of 51 Capital, African Diatomite K Limited, purporting it to be a genuine standardisation mark issued by Kebs.

The fertiliser manufacturer and distributor denied presenting the forged agreement at the Nakuru offices, claiming he had been authorised to add soil and animal supplements to the fertiliser, an agreement presented as genuine and signed between SBL Innovative Manufacturers and African Diatomite Industries ltd.

The court heard that Mr Kimani presented the forged standardisation mark 14617 to the NCPB, claiming it was genuine and issued by Kebs.

The company director is accused of applying for another standardisation mark number 69392 to manufacture organic fertiliser that did not meet the requirements of KS 2290:2018 on organic fertiliser specifications.

Mr Kimani appeared in court after NCPB managing director Joseph Muna Kimote was arraigned last week alongside two others for selling 139,688 bags of 25kg of the fake fertiliser valued at Sh209,532,000.

The prosecution urged the court to deny the accused bond, saying the matter was of public interest and for his safety he should remain in custody.

"Your honour I plead with this court to deny the accused bond since we fear his security might be in danger following the angry citizens," he pleaded.

His defence lawyer argued for his release on bond, saying that bail is a constitutional right unless there are compelling reasons.

In her ruling, the magistrate considered the submissions of both parties and decided to release the accused on bond.

"The prosecution did not provide the compelling reasons to deny bond to the accused person and the court cannot be led by mere allegations," stated Okore.

The magistrate further granted the accused person a bond of Sh5 million with one surety of a similar amount or a Sh1 million cash bail with two contact persons.

She also ordered the defendant to deposit his travel documents with the court within two days and to inform the court whenever he intends to travel outside the country.

The matter has been listed for mention on May 20, 2024, for pre-trial and directions.

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