The National Cereals and Produce Board (NCPB) Managing Director Joseph Kimote is among those to be charged with fraud in the fake fertilizer scandal.
He was arrested on Tuesday evening, police said.
Also targeted for prosecution are his legal official John Ngetich and John Mbaya Matiri who is the chairman of business committee at NCPB.
Officials said also to be prosecuted is businessman Josiah Kariuki who is the director SBL Innovate Manufacturer and African Diatomite Industries Limited.
This is after the Director of Public Prosecution approved police plans to charge the individuals over the scam.
The DPP also approved charges for SBL Innovate Manufacturer and Fifty One Capital Limited.
Detectives were Tuesday dispatched to search for the individuals for processing for prosecution.
They will be charged with fraud and conspiracy to commit a crime.
Another file with names of those to be arrested and charged is still pending at the DPP office, officials there said.
The files with the recommendations were delivered to the ODPP last Monday amid accusations from various parties on who to bear responsibility for the mess.
Detectives from the Directorate of Criminal Investigations headquarters investigated the saga.
Police had asked ODPP to among others allow them to charge the individuals with among others fraud, abuse of office and failing to discharge their duties.
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 National Cereals and Produce Board (NCPB).
SBL Innovate Manufacturers Limited director Josiah Kimani Kariuki told police he got the chemicals from ADIL, which he used to mix with some fertilizer before supplying to NCPB.
This prompted the police to summon Kulei, his son who is a director and top managers.
Kulei told the police he does not run the company on a daily basis and he had delegated the management to a group led by the general manager Philemon Bitok.
ADIL officials too were questioned over the supply of the product.
Kariuki said he was not involved in fertilizer subsidy programme.
Kariuki is the Chief Executive officer of Silica Booster Limited Innovate Manufacturers (SBL).
Detectives grilled a number of officials from government agencies that handled the fake fertilizer in circulation.
They include those from Kenya Bureau of Standards and suppliers.
Those from the NCPB were also grilled.
Police said they had summoned and grilled all those bearing responsibility for the acquisition and supply of the fertilizer.
Managers at the Kel Chemicals were also grilled together with those from Kenya Agricultural and Livestock
Research Organization.
Appearing before the National Assembly’s Agriculture Committee, Kel Chemicals Chief Operating Officer (COO) Devesh Patel dragged the names of senior government officials attached to the Office of the President, Kenya Bureau of Standards (KEBS) and the NCPB into the scandal.
Patel told the Committee of a high-stakes meeting he allegedly attended with the senior public servants, moments before his unprecedented arrest, alleging that he was arrested and detained at a police station after the meeting ended prematurely.
Patel further alleged that he was coerced into writing a letter admitting that they had produced and distributed fake fertilizer while in police detention.
“I was forced to write a letter indicating that I had recalled the batches of fertilizer,” he said.
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.
“This consignment affected KEL Chemical fertilizers distributed between 5th and 10th March 2024,” the statement said.
“The government has further seized and impounded all fertilizer stocks distributed by KEL Chemicals at the National Cereals Produce Board (NCPB) facilities.”
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.
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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