The High Court has issued an order stopping the police from arresting and detaining a Kenyan-based regional fertiliser merchant Josiah Kariuki over the reported fake fertiliser fiasco.
Justice Diana Kavedza issued the order following an application made in court by Kariuki.
Kariuki is the Chief Executive officer of Silica Booster Limited Innovate Manufacturers (SBL).
Through advocates Danstan Omari, Cliff Ombeta, Sam Nyaberi and Wycliffe Omaiyo, Kariuki told the court that there have been reports of his client's impending arrest on suspicion that he is the one who has been distributing the alleged fake fertiliser.
He urged the court to intervene and prevent his arrest by granting him anticipatory bail.
"I believe I'm likely to be arrested due to a well-calculated scheme by fertiliser barons in the country," he told the court.
Justice Kavedza in granting him anticipatory bail of Sh100,000 certified the matter as urgent
For the avoidance of doubt, the judge said the DCI, Inspector General of Police and the DPP are at liberty to investigate or charge him for any criminal conduct.
"However they shall not arrest or detain him based on the anticipatory bail given by this court," the judge said.
She further directed his advocates to escort him to the offices of DCI for questioning within the next seven days.
"Upon conclusion of the probe, the DPP is at liberty to present any charge against him. And the investigating officer is at liberty to present any charge against him and notify him to appear before the relevant court for plea taking," she said.
Once Kariuki is arraigned in court, Kavedza said her orders will automatically lapse and the trial court will be at liberty to set new terms of bail.
