The Office of the Director of Public Prosecution has revealed the charges the suspects in the fake fertilizer scam will face.
The ODPP had directed the Director of Criminal Investigations (DCI) to carry out comprehensive and thorough investigations regarding the manufacturing, distribution and sale of substandard fertilizer to farmers under the fertilizer subsidy programme.
Director of Public Prosecution Mulele Ingonga approved the charges for the first group.
The suspects were Tuesday April 30 arrested ahead of their planned arraignment on Thursday.
For instance, Josiah Kariuki Kimani, the Director of SBL Innovate Manufacturers Ltd and Fifty-One Capital (K) Limited will face charges of forgery, making a document without authority, uttering false documents, conspiracy to defraud and applying standardization mark to a commodity that does not comply with Kenya standard.
The Managing Director, the National Cereals and Produce Board (NCPB) Joseph Kimote will face charges of conspiracy to defraud and abuse of office Contrary to Section 46 as read with Section 48 of the Anti-Corruption and Economic Crimes Act No. 3 of 2003.
The NCPB Cooperate Secretary John Kiplangat Ngetich will face charges of conspiracy to defraud and abuse of office while John Mbaya Matiri, the Chairman, the Business Committee at NCPB will face charges of conspiracy to defraud and abuse of office.
The DPP said SBL Innovate Manufacturers Limited will face charges of conspiracy to commit an offence of economic crime, applying standardization mark to a commodity that does not comply with the relevant Kenya Standard ad manufacturing for sale substandard goods and knowingly using labels on bags in connection with the manufacture and sale of organic fertilizer.
Fifty-One Capital (K) Limited will face charges of conspiracy to commit an offence of economic crime, applying standardization mark to a commodity that does not comply with relevant Kenya Standard, manufacturing for sale substandard goods and knowingly using labels on bags in connection with the manufacture and sale of organic fertilizer.
Another file with names of those to be arrested and charged is still pending at the DPP office, officials there said.
Among those grilled included businessman Joshua Kulei, one of his sons and top officials at the African Diatomite Industries Limited (ADIL).
Kulei owns ADIL, which is said to have supplied some products used in mixing fertilizer supplied by the SBL Innovate, which is one of the companies that had been contracted to supply the product to NCPB.
Kariuki told police he got the chemicals from ADIL, which he used to mix with some fertilizer before supplying to NCPB.
Appearing before the National Assembly’s Agriculture Committee, Kel Chemicals Chief Operating Officer (COO) Devesh Patel dragged the names of senior government officials into the scandal.
The damning allegations from Patel came barely a week after Kel Chemical’s factory was inspected and later closed by Agriculture Cabinet Secretary Mithika Linturi over alleged involvement in the fake fertilizer scandal.
The Ministry of agriculture said they had completed the testing on all fertilizers being distributed under 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.
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.
The Ministry of Agriculture has in the meantime directed NCPB to replace all the substandard fertilizers that were distributed to farmers as it escalates the probe into the fake fertilizer scandal.
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