Pressure is piling on Agriculture Cabinet Secretary Mithika Linturi to resign over his handling of the fake fertiliser scandal and alleged harassment of a manufacturer.

The Law Society of Kenya (LSK) has petitioned Parliament to initiate removal of the CS from office on grounds of gross misconduct, violation of the Constitution and incompetence to hold public office.

 In a press released by the President Faith Odhiambo, lawyers’ lobby says it will pursue legal action against the Ministry, Linturi in person and other State agencies including National Cereals and Produce Board (NCPB) and Kenya Bureau of Standards (KEBS) and other officials for damages incurred by farmers and their involvement in the fertilizer scandal.

 “We will petition Parliament to call for the immediate removal of Linturi from office as Cabinet Secretary by dint of Article 152(6) of the Constitution and pursue a class action on behalf of the farmers to seek compensation from the Ministry and the CS,” wrote Odhiambo.

Call for investigation

 This comes as a legal firm MMA Advocates wrote to the Directorate of Criminal Investigations (DCI) demanding Linturi and the Managing Director NCPB be investigated for complicity, their conduct and involvement in trying to distort facts regarding fertilizer from Thika-based Kel Chemicals Ltd.

 The letter signed by Ahmednasir Abdullahi and addressed to Amin Mohamed Ibrahim alleges that the two public officers were behind a narrative to incriminate the fertilizer manufacturing company through intimidation and threats and to absolve other parties that had been adversely mentioned in the scandal.

“On April 4th, 2024, Mr Devesh Patel, the Chief Operating Officer of our client received a call from Mr Kimote around 9.45 from his mobile number informing him to prepare a letter to Mems following the press release issued by NCPB recalling 3,000 bags of fertilizer,

Read statement

 “Mr Kimote shared with Devesh copies of the statement that he was required to read out at the press release. We note the content of these statements directed our client to assume responsibility for the 3,000 bags manufactured between 5th and 7th of March, not meeting the required quality parameter,” reads the letter.

On its part, LSK wrote; “We call out the Cabinet Secretary and demand that he takes action to address the horror of the National Fertilizer Subsidy Program (NFSP) and offer reparations to farmers,

“Should the Ministry faile to take action on the recommended and other necessary measures by the lapse of our  demand period, we will take action against all parties involved and bestowed with authority in the matter.”

The LSK President noted that whereas the NFSP was initiated to increase efficiency and productivity while reducing cost, instances of fake fertilizer being sold to unsuspecting farmers greatly jeopardize their incomes and outputs.

“The NFSP which was rolled out as a source of relief to farmers has now been reduced to a conduit investment for fraud. Clearly the NCPB and the Kenya Bureau of Standards have grossly abrogated their duty to enforce stringent quality control measures stipulated in the Standards Act,” LSK state.

The push for Lintuli to resign comes even as the DCI is said to be planning the arrests of a top Principal Secretary and two parastatal chiefs over the fake fertiliser scandal.