Three top officials of the National Cereals and Produce Board (NCPB) were on yesterday  charged before an Anti-corruption court with Sh209 million fake fertilizer scandal.

However, the first accused person Josiah Kariuki who is said to be the director of Fifty One Capital limited (fifth accused) and SBL Innovate Manufacturers Limited (sixth accused) failed to appear in court.

Present in court are Joseph Muna Kamote, John Kiplangat and John Mbaya.

They have  denied charges ranging from conspiracy to defraud and abuse of office before trial magistrate Celesa Okore .

They are accused that jointly with others not before court, they conspired with intent to defraud Kenyan farmers, sold a total of 139,688 bags of 25kg each of soil amendment and conditioner valued at Sh209,532,000 purporting it to be a genuine fertiliser a fact they knew to be false.

“Joseph Muna was charged that being the Managing Director at the NCPB, being the Managing Director at National Cereals and Produce Board used your office to improperly confer a benefit to Josiah Kariuki Kimani by executing an Agency Contract between the National Cereals and Produce Board and 51 Capital, African Diatomite Industries Limited to supply 139,688 Bags of 25kg each of soil amendment and conditioner branded as fertilizer within NCPB depots across the country”. the charge sheet by the prosecution read.

Committed offence in Nairobi

He is alleged to have committed the offence on March 31, 2022, at Kenya National Cereals and Produce Board Headquarters Nairobi City within Nairobi County.

Joseph Kiplangat was charged separately that n March 31, 2022, at Kenya National Cereals and Produce Board Headquarters Nairobi City within Nairobi County, being the being the Corporate Secretary at NCPB used his office to improperly confer a benefit to Josiah Kariuki Kimani by executing an Agency Contract between the NCPB and 51 Capital, African Diatomite Industries Limited. Josiah was to supply 139,688 Bags of 25kg each of soil amendment and conditioner branded as fertilizer within National Cereals and produce Board depots across the country.

Improperly conferred

John Mbaya was accused that being the Chairman of Business Development and Advisory Committee at the NCPB used his office to improperly confer a benefit to Josiah Kariuki Kimani by recommending for an agency agreement between the board and 51 Capital, African Diatomite Industries Limited to supply 139,688 bags of 25kg each of soil amendment and conditioner branded as fertilizer within National Cereals and Produce Board depots across the country.

Through their lawyers led by Katwa Kigen and Danstan Omari, the accused pleaded for lenient bond terms.

The three through lawyers Katwa Kigen,  Danstan Omari among others asked court for lenient bond terms stating that they are law abiding citizens.

Kigen also requested the court to supply the defence with witness statements.

“Your honour, all this allegations facing the accused persons are political. Kindly give them bond terms”, Omari told court.

The DPP, however, opposed the release 9f the accused stating that they would interfere with witnesses.

The prosecution added that they are a flight risk and investigations are still ongoing. The court heard the nature of the case is serious and may cause the accused to flee noting the penalty it carries.

“The matter is of high public interest as it has affected farmers and food security in the country”,the prosecution said.

The court was urged to deny them bail.

The prosecution also requested the court issue a warrant of arrest for Josiah Kariuki with his two companies who failed to appear in court.

It said Josiah switched off his phone as he was called by the investigating officer.

“The suspects were arrested on April 30 and the first accused was called by the investigating officer to appear in court but he switched off his phone. The investigating officer further called his advocate who was notified to present his client at the DCI offices”, the prosecution informed the court.

The DPP said Josiah’s conduct  cannot be trusted by the court.

The three have been released on a cash bail of Sh1 million or a bond of Sh3 million each. The case will be mentioned on May 20 for pretrial