'Mercury fertiliser': Kebs MD warned of arrest after skipping court

Bernard Nguyo, the acting Managing Director of the Kenya Bureau of Standards (Kebs), on Tuesday failed to honour court summons over breach of the fertiliser re-testing order.

Milimani Principal Magistrate Kennedy Cheruiyot therefore ordered Mr Nguyo to appear Wednesday without fail.

Mr Cheruiyot issued the summons last week, in a case of fertiliser alleged to contain mercury, but the MD sent lawyer Jotham Arwa to represent him.

The lawyer explained that Mr Nguyo was yet to be served with the summons but had received a letter from Senior Counsel Paul Muite explaining why he was required in court.

In a short ruling, Mr Cheruiyot noted that disobeying court orders not only offends the dignity of the court but also challenges the supremacy of the law.

He, however, said there was no evidence that Mr Nguyo was served with the summons although it was clear that he was aware of the same.

The magistrate warned that if he fails to appear before him on Wednesday morning, he will issue a warrant for his arrest.

Mr Nguyo is required to explain why he has defied a court directive on fresh sampling and testing of fertiliser being held at Ballore Transport and Logistics' warehouse in Mombasa.