A Nairobi businessman who conspired to defraud Kenyans of Sh209 million fake fertilizer case was on Monday charged fraud.
Josiah Kariuki Kimani who is the director of Fifty One Capital limited and SBL Innovate manufacturers Limited, appeared before principal magistrate Celesa Okore.
He had been in hiding since last week when his co accused were charged over the same issue.
He denied the charges of conspiracy to defraud, forgery among other charges.
In the first count, he is accused that jointly with others not before court, he conspired with intent to defraud Kenyan farmers, sold a total of 139,688 bags of 25 Kgs each of soil amendment and conditioner valued at Sh209,532,000 purporting it to be a genuine fertilizer a fact they knew to be false.
He allegedly committed the offence on March 31, 2022, at National Cereals and Produce Board in Nairobi City within Nairobi County.
In another count, Kariuki was accused that on January 12, 2023, at an unknown place within the country, jointly with others not before court with intent to deceive Kenya Bureau of Standards Nakuru region offices, forged an agreement namely value adding soil amendment and conditioner to organic fertilizer and animal supplement.
He allegedly purported it to be a genuine valid agreement signed between SBL Innovate manufacturers Ltd and African Diatomite Industries Limited.
He was further charged that on unknown date at unknown place, jointly with others not before court, with an intent to deceive, made Kenya Bureau of Standards Permit to use standardization mark number 14617 in the name of 51 Capital, African Diatomite Industries Kenya Limited purporting it to be a genuine permit to use standardization mark issued by the Kenya Bureau of Standards.
The court was told that on January 18, 2023, at KEBs offices at Nakuru Township, Nakuru County, knowingly and fraudulently uttered a forged agreement between African Diatomite Industries Limited and SBL Innovate manufacturers.
Kariuki was also charged that on 18th March, 2022 at NCBP headquarters Nairobi, knowingly and fraudulently uttered a forged Permit to use the standardization mark number 14617 in the name of Fifty One Capital African Diatomite industries Kenya Limited to National Cereals and Produce Board purporting it to be a genuine one issued by Kenya Bureau of Standards.
He was also charged alongside companies Fifty One Capital limited and SBL Innovate manufacturers Limited that between 28th January, 2023 and 8th March, 2024 at unknown place in the Republic of Kenya, knowingly and with intent to deceive applied standardization mark for manufacture of Organic fertilizer on goods that failed to meet the requirements of KS 2290:2018 Organic fertilizer-specifications.
Kariuki and the companies also knowingly made use of misleading label to read Original plus Fertiliser on bags containing soil amendment and conditioner between April 21, 2022 and March 8, 2024.
He pleaded for lenient bond terms and witness statements from the prosecution.
The prosecution opposed for his release on bail stating that he was a flight risk.
The court will make its ruling on Tuesday on bail application.
In the same case, three NCPB officials have since denied the charges and are out on a Sh1million cash bail.
The officers are, Joseph Muna Kamote, John Kiplangat and John Mbaya. They were Monday also set to be charged in a different case. The plea taking at Kiambu Law Court was deferred to May 14 because some of the accused fell sick.
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