Former Kenya Bureau of Standards boss Charles Ongwae has criticised the Director of Public Prosecutions for pressing on with the contaminated fertiliser case after he agreed to have it released to the market.
Ongwae was charged with attempted murder with an alternative of aiding in the commission of a felony. This was in relation to tests undertaken by Kebs on fertiliser imported by OCP Kenya Limited.
Also charged were Eric Chesire, Peter Kinyanjui, Martin Muswanya, Pole Mwangedni and Erick Kariuki.
In a fresh application filed in court, Ongwae terms it ridiculous for a responsible government to release a dangerous substance into the market for sale, despite knowing it would endanger human life.
The former managing director says DPP Noordin Haji has decided to continue with his prosecution to save face after hyping the alleged scandal in the media. The matter will be heard on June 19.
Despite the application, however, the prosecution yesterday said it will prefer new charges against Ongwae and his co-accused following the plea bargain adopted in court two weeks ago.
Prosecutor Alexander Muteti told magistrate Kennedy Cheruiyot they are evaluating documents in their possession before filing the charges. Cheruiyot directed that the fresh charges be registered within the next 14 days.
On May 9, the DPP agreed to have the impounded consignment of 35,000 bags of fertiliser released to OCP (K) Ltd from a Mombasa godown. The farm input was impounded in June last year fover allegations it contained mercury. Its release was part of a plea agreement entered into by the DPP and senior counsel Paul Muite, who acted for the Moroccan company, its directors Malika Karama and Younes Addou, and businessman Benson Ngesa.
In the fresh application, Ongwae wants Kebs compelled to release to him the results of the mercury test carried out on the sample collected by them in June last year, as well as the raw data.
He also seeks fresh mercury tests on samples to be collected from the consignment described in the bill of lading of November 2018, 2017.
The entire case hinges on whether the farm input was contaminated with excess mercury. For the court to come to a just conclusion, it is necessary that fresh independent tests be carried out, Ongwae says.
Ongwae says the previous tests done by the importer and by independent laboratories, Bureau Veritas, Intertek and Cropnuts, as well as Kebs did not reveal the presence of mercury in the fertiliser.
“Samples which are the basis for the charges against myself and others were extracted secretly and unilaterally tested by certain officers at Kebs without following the due process laid down by Kebs testing regulations,” court documents read.
(Edited by F'Orieny)
