A Non-Governmental Organization (NGO) now wants the High Court to declare Agriculture Cabinet Secretary Mithika Linturi unfit to hold any public office.
In a petition lodged at the Milimani High Court, Elimisha Mwananchi Initiative (EMI) accuses Linturi of deliberately refusing to take measures to ensure goods supplied by National Cereal and Produce Board (NCPB) are of good quality.
The NGO through its Executive Director Daniel Wangenye also wants the bosses of the National Cereals and Produce Board (NCPB), the Kenya Bureau of Standards (KEBS), and the Competition Authority of Kenya (CAK) permanently barred from holding public office.
“That the respondents for their failure to uphold the Farmer’s Right to Consumer Protection, the officers in charge of 1st, 2nd 3rd and 6th respondents are not fit to hold any public office,” the petition says.
Wangenye said Linturi and the others have violated the right to consumer protection by failing to prevent the sale and distribution of fake fertilizers to farmers across the county.
The petition has been brought on behalf of all the farmers who bought fertilizers from the National Cereals and Produce Board stores and other distribution channels, Wangenye says.
He wants all the affected farmers to be paid special damages for the losses incurred in the purchase and use of the fake, substandard fertilizers sold to all the farmers by the companies contracted by the government through the NCPB.
The petitioner further wants the respondents to publicize all the names of the persons involved in the scandal and arrest and prosecute the individuals and entities involved in the sale and distribution of the commodity he described as substandard and hazardous.
“Contrary to the divided political arguments and blame games the issue of fake
Fertilizer which forms the subject matter of this petition is not a trivial matter. It is a food security disaster. The sale and distribution of fake fertilizer poses serious threat on our food security, health and stability as a country.”
“The farmers, largely in the North and South Rift, are staring at losses and uncertainty following this disturbing discovery,” read the court papers
The government moved to suspend NPK 10:26:10 fertilizer via a letter Dated March 20, 2024 addressed to the NCPB Managing Director National.
It also suspended the deal between KEL Chemicals, which supplies the NCPB under the government’s subsidy programme.
The NCPB was also directed to suspend all further distribution of the fertilizer pending further investigation.
The ministry said on April 5, 2024, that all the fertilisers distributed by KEL Chemicals and branded Kelphos Plus, Kelphos Gold, and NPK 10:26:10 did not meet standards.
“Notwithstanding, some farmers had already bought and used this fertiliser whose composition and effects are unknown,” Wangenye says in the court papers.
The matter will be mentioned before Justice Chacha Mwita on May 30 for directions.
In the petition national cereals and produce board, Ministry of agriculture and livestock development, Kenya bureau of standards, KEL chemicals limited, Silica booster (SBL) innovate limited, the competition authority of Kenya and attorney general have been sued.
Already top NCPB officials have been charged in court over the saga. More ministry officials are lined up for prosecution.
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