DPP drops criminal charges against four in Kebs fertiliser case

Criminal charges facing a Moroccan company and its directors for importing fertiliser alleged to contain mercury have been withdrawn.

Director of Public Prosecutions Noordin Hajji withdrew the charges for OCP (K) Ltd, its directors Malika Karama and Younes Addou and businessman Bernard Ngesa under section 87 (a) of the criminal procedure code.

The withdrawal comes after the DPP and the four through Senior Counsel Paul Muite entered into a plea agreement which was subsequently adopted in court.

State Counsel Alexander Muteti on Thursday told Magistrate Kennedy Cheruiyot that the agreement was made after new facts were availed to them by the accused persons.

The decision to charge was made 'without the full benefit of the full factual scenario being provided to the investigators and the prosecution by all the accused persons in the matter'.

Ngesa, OCP and its two directors had been charged alongside former KEBS MD Charles Ongwae, Erick Kariuki, the Port Health officer at Kilindini, Peter Kinyanjui- the Inspection manager at the Kilindini Port, Pole Mwangemi, the regional manager of the Coast region, and Martin Muswanya.

The plea agreement, however, does not include Ongwae and the rest meaning their criminal case will still proceed.

On March 13, senior resident magistrate Kennedy Cheruiyot issued fresh orders requiring Kebs to re-sample the fertiliser.

This was after Kebs acting MD Bernard Nguyo was in court to explain why he should not be punished for disobeying the orders initially issued in February.

Nguyo said the order as framed was not complied with because it meant retesting fertiliser described by the bill of lading number as having been imported in 2017.

He said the consignment's credibility cannot be ascertained as there is no reliable documentation to confirm the fertiliser impounded in June 2018 was part of the consignment released in March.

More: