Court summons Kebs MD over 'mercury fertiliser' tests
Acting Kebs Managing Director Bernard Nguyo at the NSSF building in Nairobi on January 7, 2019. PHOTO | EVANS HABIL | NATION MEDIA GROUP
What you need to know:
- Milimani Principal Magistrate Kennedy Cheruiyot said there was evidence that Mr Nguyo was aware of the order for him to be part of the team that would test the fertiliser in Mombasa.
- He said accused persons, including former Kebs MD Charles Ongwae, travelled to Mombasa but Mr Nguyo and his team failed to show up.
- The MD is required to appear in court on March 12.
A court has summoned Kenya Bureau of Standards (Kebs) acting Managing Director Bernard Nguyo to explain why he has defied a directive on testing fertiliser alleged to contained mercury.
Issuing the directive on Wednesday, Milimani Principal Magistrate Kennedy Cheruiyot said there was evidence that Mr Nguyo was aware of the order for him to be part of the team that would test the fertiliser in Mombasa.
He said accused persons, including former Kebs MD Charles Ongwae, travelled to Mombasa but Mr Nguyo and his team failed to show up.
The MD is required to appear in court on March 12.
THE ACCUSED
Mr Ongwae and other government officials are accused of unlawfully releasing to OCP-K Limited, 5,846,000 kilograms of substandard compound fertiliser which contained mercury.
In the case, 11 parties want fresh tests but the DPP is opposed to the process.
The 11 include Mr Ongwae, OCP-K and its directors Malika Karama and Younes Addou, Kebs' former quality control director Mr Erick Kiptoo and Mr Peter Kinyanjui, the Inspection manager at the Kilindini Port.
The other parties are Mr Pole Mwangemi, the coast regional manager; Mr Erick Kariuki, the Port Health officer at Kilindini; Mr Karim Lofti; Mr Benson Oduor, a supervisor with Bolore Transport; and Logistics Kenya Limited.
Other than attempted murder, the accused have denied charges of abuse of office, commission of a felony and breach of trust.
FRESH SAMPLING
OCP-K, through senior counsel Paul Muite, said the Kebs MD failed to show up for the tests to be conducted.
According to Mr Muite, Ballore was still holding 65,000 bags of the said fertiliser.
The order for fresh sampling and testing was issued on February 15.
The judge directed the fresh processes after it emerged that tests earlier conducted by a multi-agency team were in the absence of the accused persons and that evidence was destroyed.
DPP'S CASE
Director of Public Prosecutions Noordin Haji, through senior DPP Alexander Muteti, said they filed an appeal against fresh tests but that the court had not stopped the process.
Mr Muteti moved to the Court of Appeal after High Court judge Daniel Ogembo dismissed an application to stop the process.
Justice Ogembo explained that the DPP would suffer no prejudice if the tests were conducted.
In his ruling, the judge said there was no evidence, as submitted by Senior Counsel Muite, that the fertiliser being held at Ballore Transport and Logistics warehouse in Mombasa, had been interfered with.
