Two former National Cereals and Produce Board (NCPB) officials, a businessman and two companies are facing charges regarding the unlawful sale of Ksh209 million worth of sub-standard fertilizer.
One of the two NCBP officials was the then-chair of the Business Development and Advisory Committee, while the other worked as a Corporate Secretary.
The former NCPB Managing Director has, however, been acquitted of all charges for insufficient evidence.
This follows a ruling at the Milimani Anti-Corruption Court, which placed the five defendants on defence after the prosecution, led by the Senior Assistant Director of Public Prosecutions, Everlyn Onunga, successfully established a prima facie case.
Following the ruling, they face charges including conspiracy to defraud the public by passing off soil amendments and conditioners as fertilizer between March 2022 and March 2024.
The businessman, who owns both of the companies, faces additional charges of forgery, uttering false documents, illegally applying a standardisation mark to non-compliant commodities, and using misleading labels in the sale of fertilizer.
According to the prosecution, he used forged documents to deceive the Kenya Bureau of Standards (KEBS), including falsifying agreements and altering permits.
The ex-government officials, on the other hand, are accused of abusing their offices at NCPB by improperly conferring benefits to the businessman through the execution of agency contracts.
The defence is set to present its position when the case is next heard on October 16.
In March this year, the Agriculture Cabinet Secretary, Mutahi Kagwe, ordered the destruction of 27,518 bags of expired fertilizer at various NCPB stores across the country.
While making the announcement, CS Kagwe assured that the government and the public would not incur any losses.
“Agriculture and Livestock Development Cabinet Secretary Mutahi Kagwe has today ordered the destruction of 27,518 bags of an expired consignment of fertilizer held in various National Cereals and Produce Board (NCPB) stores across the country,” the Ministry stated.
