- Declining the request made to block an arrest, Anticorruption court Judge Nixon Sifuna said such a bail cannot be granted on mere fear, paranoia or rumours.
- Kimote told the court that he was apprehensive that only urgent action would stop what he termed as "injustice".
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The High Court has declined to grant anticipatory bail to National Cereal Produce Board (NCPB) Managing Director Joseph Muna Kimote.
Declining the request made to block an arrest, Anticorruption court Judge Nixon Sifuna said such a bail cannot be granted on mere fear, paranoia or rumours.
"...And will only issue where the anticipated arrest is imminent rather than merely speculated or presumed. Besides the applicant will need to demonstrate that the consequences of the anticipated arrest are such as will go beyond the ordinary inconvenience of a conventional arrest," Justice Sifuna ordered.
Kimote had applied for anticipatory bail on May 3, arguing that he was facing threats of re-arrest and being charged again in the fertiliser scandal, and there was no sign of stopping.
He told the court that he was apprehensive that only urgent action would stop what he termed as "injustice".
Kimote maintained that he did not intend to impede on any ongoing investigations being conducted by the Inspector General of Police and the Director of Criminal Investigations.
He stated that he was and would continue to be willing and ready to avail himself upon being issued with a lawful summons.
He further told the court that the fear of the unknown has since made him immobile and minimised his movements.
The NCPB Managing Director is an accused person in a case of conspiracy to defraud and abuse of office having been charged on May 2.
He denied the charges and was released on Sh1 million cash bail.
The charge sheet presented in court stated that Kimote and his co-accused conspired to defraud Kenyan farmers by selling a total of 139,688 bags of 25 kilos each of soil amendment and conditioner valued at Sh209.5 million.
It is alleged that they presented the fertiliser as genuine.
The offence was allegedly committed between March 17, 2022 and March 8, 2024, at an unknown place in the country.
Kimote was separately charged with abuse of office where he is believed to have improperly conferred a benefit to Josiah Kariuki Kimani by executing an urgent contract between NCPB and Fifty One Capital, African Diatomite Industries Limited.
This was to allegedly supply 139,688 bags of 25 Kg each of soil amendment and conditioner branded as fertilizer within NCPB depots across the country.
Upon determining the application, Justice Sifuna on Tuesday certified the application as urgent and ordered that the same be served upon the IG, DCI and Office of the Director of Public Prosecutions immediately.
He further directed that the same be responded to before the close of business today, May 8.
"The application will be argued orally on Thursday, May 9, 2024," Justice Sifuna ordered.