Kebs officials, others in toxic sugar case out on bail

Two Kenya Bureau of Standards (Kebs) officials, a Kilindi Port health officer and three directors of firms linked to sugar importation have been granted bail.

The six are accused of releasing 10,000 bags of substandard sugar packed in 50 kilogramme bags into the market.

Kebs inspection manager Samuel Njolo, inspection officer Daniel Samuel Musta, Kilndini port officer Peter Mwadziwe and Air Menzies International director Ali Abdi Mohamed were released on Sh1.5 million bond with an alternative of Sh500,000 cash bail each.

Flora Bakers Ltd Hassan directors Abdi Mohamed and Abdulahi Abdi Mohamed were released on a Sh500,000 bond each with one surety of a similar amount or on alternative cash bail of the same amount.

The court also lifted arrest warrants against Mr Mohamed and Mr Hassan, who presented themselves in court after the warrants were issued last week.

Mombasa Resident Magistrate Christine Ogweno barred the suspects from visiting their workstations or near the port without court’s permission.

She also directed that the suspects deposit their passports in court and present themselves at the DCIO Mombasa once every week.

They have also been directed not to communicate or interfere with witnesses who include their colleagues from the workplace.

Reviewed bond terms

The magistrate reviewed the bond terms from Sh2 million earlier given to Sh1.5 million after the suspects complained that the terms were stringent and they were unable to raise the amounts.

The six have been charged with willful disobedience of statutory duty contrary to section 130 of the Penal Code.

They are accused, jointly with others not before court, of wilfully causing to be released to the public 10,000 bags of 50kgs bags of Egyptian brown sugar that failed to comply with the requirements of Kenya standards, that ought to have been required to be destroyed.

Mr Onjolo, Mr Musta and Mr Mwadziwe are additionally charged with abuse of office, where they are accused of unlawfully authorising the release of the substandard brown sugar with moisture content and water insoluble matter to Flora Bakers Ltd, both exceeding the Kenya standard which was prejudicial to the public health and safety.

The three are further charged with breach of trust, where as inspection manager and officer and health officer at the port, unlawfully authorised the release of the contraband sugar to the Flora Bakers Ltd in breach of trust, affecting the standard of health of the public.

Mr Onjolo and Mr Musta are also accused of entering into an agreement permitting release of contaminated goods into the Kenyan market.

The prosecution said the suspects entered into agreement with Air Menzies International to permit the release of the cargo into the country, which failed to comply with the Kenyan standard.

Mr Mwadziwe is further charged that as a health officer, he willfully disobeyed statutory duty by failing to ensure full compliance of Section 30(11) of the Food, Drugs and Chemical Substances Act by releasing the goods before obtaining a certificate of the results of the analysis of the samples taken from the said bags of sugar from the Government Chemist.

Flora Bakers limited is said to have imported the contaminated sugar while Air Menzies International cleared the sugar when it arrived from Egypt before being stored at Boss Freight Container Station at the Mombasa port.

The suspects denied the offence they are alleged to have committed between June 28 and July 11 this year in Mombasa.

The case will be heard on September 4.