Bernard Nguyo is expected to explain why he defied a court directive on fresh sampling and tests of fertiliser.
Principal magistrate Kennedy Cheruiyot said the Kebs boss was aware of his directive but did not show up on February 20 for sampling and testing of the fertiliser the following day.
Top Kebs officials including its former managing director, Charles Ongwae, have been charged with allowing importation of 5,846,000 bags of substandard fertiliser.
A Nairobi court Wednesday summoned Kenya Bureau of Standards (Kebs) acting managing director Bernard Nguyo for defying orders to test a fertiliser cargo suspected to be substandard and containing mercury.
Mr Nguyo is expected to explain why he defied a court directive on fresh sampling and tests of fertiliser, which is being held at Bollore Transport and Logistics warehouse in Mombasa.
Principal magistrate Kennedy Cheruiyot said in a ruling it was clear that the Kebs boss was aware of his directive but did not show up on February 20 for sampling and testing of the fertiliser the following day.
Top Kebs officials including its former managing director, Charles Ongwae, have been charged with allowing importation of 5,846,000 bags of substandard fertiliser that failed the agency’s standards.
The accused successfully petitioned the court to allow for fresh testing of the cargo subject of the court suit.
The court noted that all the accused persons, including Mr Ongwae and their lawyers, were present in Mombasa as directed but the Kebs officials were a no-show. Senior Counsel Paul Muite, who is representing OCP-K, said defying the court order was an affront to the rule of law and undermining the court’s authority.
He maintained that the order was specifically directed at Mr Nguyo but he failed to show up.
Director of Public Prosecutions Noordin Haji has appealed against fresh tests but High Court judge Daniel Ogembo declined, saying the DPP will suffer no prejudice if they were done.
The Kebs was to conduct fresh sampling and testing in the presence of the accused persons and independent laboratories. A report of the findings is to be used during the trial after it emerged that tests conducted earlier by a multi-agency team had been destroyed.
Other than Mr Ongwae, OCP-K and its directors Malika Karama, Younes Addou, former director of quality control at Kebs Erick Kiptoo, Peter Kinyanjui — the inspection manager at the Kilindini port, Pole Mwangemi — regional manager of the Coast region, Erick Kariuki — Kilindini port health officer and Bollore Transport and Logistics Kenya supervisors Karim Lofti and Mr Benson Oduor are charged with attempted murder.
Mr Nguyo will appear in court on March 12.
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