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Top officials of the National Cereals and Produce Board (NCPB) together with other individuals involved in the fake fertiliser scandal made a whopping Sh1.3 billion from the proceeds.

A detective privy to the investigations, told People Daily that the players in the deal bought a bag of soil conditioner from a company owned by a former powerful individual in the Moi region at Sh200 per bag.

They then entered into a deal with the management of the NCPB and labelled the conditioner as fertiliser which they sold to unsuspecting farmers at Sh7,700 per bag. All the fake fertilizer has already been sold to farmers.

“The whole deal was a scan aimed at swindling unsuspecting farmers. NCPB management knew they were selling fake substances but still went ahead and colluded with the swindlers,” said the detective.

On Tuesday evening DCI officers arrested the chairman, Managing Director, and Corporate Secretary of the board over the scam and are expected to be arraigned today.

DPP directive

The NCPB MD Joseph Kimote, Corporate Secretary John Kiplangat Ngetich and John Mbaya Matiri, the Chairman, the Business Committee at NCPB were arrested after the Director of Public Prosecutions Renson Ingonga directed that they be charged with various offences.

Detectives have, however, ruled out the arrest of Agriculture Cabinet Secretary Mithika Linturi over the scam since he played no role either in procurement or the sale of the produce.

“We are not investigating the CS, he played no role in the scandal. We are certain that we have the real culprits,” added the source.

The DPP also approved charges against the Director of SBL Innovate Manufacturers Ltd and Fifty-One Capital (K) Limited, Joseph Kariuki Kimani.

Kariuki was being sought yesterday but he has gone into hiding and switched off his cell phone for the better part of the day.

Ingonga had directed the Director of Criminal Investigations (DCI) to carry out comprehensive and thorough investigations regarding the manufacturing, distribution and sale of substandard fertilizer to farmers under the fertilizer subsidy programme.

Upon independent and thorough review of evidence contained therein, and taking into account the Constitution, the relevant laws and the Decision to Charge Guidelines 2019, I hereby direct that the following persons and entities be charged forthwith,” the DPP directed.

Conspiracy to defraud

Kimote will face charges of conspiracy to defraud and abuse of office Contrary to Section 46 as read with Section 48 of the Anti-Corruption and Economic Crimes Act No. 3 of 2003.

Both Matiri and Ngetich will also separately face charges of conspiracy to defraud and abuse of office.

 The SBL Innovate Manufacturers Ltd boss Kimani will face charges of forgery, making a document without authority, uttering false documents, conspiracy to defraud and applying standardization mark to a commodity that does not comply with Kenya standard.

The DPP further directed that SBL Innovate Manufacturers Limited be charged with conspiracy to commit an offence of economic crime, applying standardization mark to a commodity that does not comply with the relevant Kenya Standard ad manufacturing for sale substandard goods and knowingly using labels on bags in connection with the manufacture and sale of organic fertilizer.

Fifty-One Capital (K) Limited, on the other hand, will face charges of conspiracy to commit an offence of economic crime, applying standardisation mark to a commodity that does not comply with relevant Kenya Standard, manufacturing for sale substandard goods and knowingly using labels on bags in connection with the manufacture and sale of organic fertilizer.

More officials are expected to be arrested later this week following reports that another file with names of those to be arrested and charged is still pending at the DPP office.

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 fertiliser supplied by the SBL Innovate, which is one of the companies that had been contracted to supply the product to NCPB.

Kariuki told police he got the chemicals from ADIL, which he used to mix with some fertilizer before supplying it to NCPB.

Appearing before the National Assembly’s Agriculture Committee, Kel Chemicals Chief Operating Officer (COO) Devesh Patel dragged the names of senior government officials into the scandal.

The damning allegations from Patel came barely a week after Kel Chemical’s factory was inspected and later closed by Linturi over alleged involvement in the fake fertiliser scandal.

The Ministry of agriculture said they had completed the testing on all fertilizers being distributed under subsidy programmes.

A statement said all fertilisers 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.

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.

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