The High Court stopped the police from arresting and detaining a Kenyan-based regional fertilizer merchant Josiah Kariuki over the fake fertilizer scam.
His firm has been linked to some of the fake fertilizers in circulation.
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 by 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 fake fertilizer despite the product having been approved by the Kenya Bureau of Standards.
He urged the court to intervene and prevent his unjustified arrest by granting him anticipatory bail.
“I believe I am likely to be arrested due to a well-calculated scheme by fertilizer barons in the country,” he told the court.
Justice Kavedza in granting him anticipatory bail of Sh100,000 certified his matter as urgent.
The judge however said the DCI, Inspector General of Police and the Director of Public Prosecutions 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,” said the Judge.
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. 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 the accused 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.
The ministry of Agriculture said Friday they had completed the testing on all fertilizers being distributed under the subsidy programme.
A statement said all fertilizers being distributed meet the required quality requirements except those manufactured and distributed by Ms KEL Chemicals-branded Kelphos Plus, Kelphos gold and NPK 10:26:10, which did not meet all required test parameters.
“This consignment affected KEL Chemical fertilizers distributed between 5th and 10th March 2024,” the statement said.
Following release of test results by Kenya Bureau of Standards, the statement added, the government has taken decisive action to safeguard the agricultural sectorand farmers by announcing the immediate suspension of KEL Chemicals’ operations and seizure of its fertilizer products.
“The government has further seized and impounded all fertilizer stocks distributed by KEL Chemicals at the National Cereals Produce Board (NCPB) facilities.”
“This step is essential to control and mitigate any adverse effects on agricultural practices.”
The ministry told farmers who have acquired or possess fertilizer from KEL Chemicals to immediately discontinue its use and to visit their nearest NCPB facility for further guidance.
KEBS has initiated legal action against KEL Chemicals for distributing substandard products as per the law
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