The High Court has declined to grant suspended National Cereals and Produce Board managing director Joseph Muna Kimote anticipatory bail, pending his arrest.
Mr Kimote moved to court, arguing that he was apprehensive that the police might arrest him over the fertiliser scandal, yet he has been charged and freed on a cash bail of Sh1 million.
“The applicant through various persons, has received credible information and threats of being re-arrested and charged with the same or related offences, relating to his position as the managing director of the NCPB,” he said in the application.
High Court anti-corruption judge Nixon Sifuna declined to grant him bail, saying it cannot be given on mere fear, paranoia, or rumours.
“Besides, the applicant will need to demonstrate that the consequences of the anticipated arrest are such as will go beyond the ordinary inconvenience of a conventional arrest,” said the judge.
Mr Kimote submitted that arresting him would amount to double jeopardy and an infringement of his rights as he has already been charged with the same offences.
He said the threats have become so severe that he cannot go about his business for fear of an intended arrest.
He said the application was in no way intended to stop any investigations being conducted by the police, as he has always been willing and ready to present himself whenever summoned.
Mr Kimote was charged last week alongside Mr John Kiplangat Ngetich (NCPB corporate secretary) and John Mbaya Matiri (general manager—marketing).
They denied several counts, including conspiracy to defraud and abuse of office and were ordered by the court to deposit a bond of Sh3 million plus one surety each or alternative cash bail of Sh1 million each.
The charge sheet stated that they conspired to defraud Kenyan farmers by selling a total of 139,688 bags of 25 kilos each of soil amendment and conditioner valued at Sh209.5 million.
It is alleged that they presented the fertiliser as genuine, an offence they allegedly committed between March 17, 2022 and March 8, 2024 at an unknown place.
Mr Kimote was separately charged with abuse of office by improperly conferring a benefit to Mr Josiah Kariuki Kimani by executing an urgency contract between NCPB and Fifty One Capital, African Diatomite Industries Limited to supply 139,688 bags of 25 Kg each of soil amendment and conditioner branded as fertilizer within NCPB depots across the country.
Mr Kimani was freed on Tuesday on bond after denying a total of seven counts including conspiracy to defraud, forgery, uttering forged documents and applying standardisation mark to a commodity that does not meet the standards.
Justice Sifuna directed the parties to appear before him on May 9 to argue the application.
