Only three prosecution witnesses are remaining to testify in a case where senior officials from the Kenya Revenue Authority and Kenya Bureau of Standards are charged with importation of alleged fake fertilizer.
Fourteen witnesses have already testified in the case where the officials are charged with abuse of office and neglect of official duty.
The charges are related to the seizure of sub-standard goods, including rice and fertilizer that the prosecution argued the suspects conspired to release into the market.
The KPA chief manager of container freight stations Kiprono Cole Bullut and the customs head verification officer David Njagi Mbogori appeared before Chief Magistrate Francis Andayi and denied the charges.
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The court heard that on December 27, 2017, in Mombasa County, that jointly with others not before the court, the duo conspired to release a consignment of Thai white rice which did not meet the required standards.
Kiprono Cole Bullut and Ahmed Ashkir Dahir are accused that on June 30, 2018, within Mombasa County, being the chief manager of Container Freight Limited and Customs Head of Verification officer, jointly with others not before court connived to release a consignment of substandard potassium nitrate fertilizer to Elgon Kenya Limited vide entry number 2018/MSA6925160. The fertilizer did not meet the specified standard for potassium nitrate.
Baiju Kantaria, Bimal Rajnikant Kantaria, Mohammed Osman, Iren Githendu, Kiamba Clearing and Forwarding Limited and Elgon Kenya are charged that on June 18 and 30, 2018, at Mombasa County being clearing agents and the importers jointly with others not before court willfully disobeyed the provisions of section 20 of the standards act caps 496 laws of Kenya.
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They also flouted the regulations of the verification and conformity to Kenyan standard of imports order 2005 by unlawfully importing into Kenya consignment of potassium nitrate fertilizer which did not meet the specific standard namely KShs2425:2016 standard for potassium nitrate by Elgon Kenya.
The accused are facing seven counts of willful disobedience statutory duty, abuse of office, connivance to commit an offence and negligence of official duty.
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The case which is heard before Nairobi Senior Principal Magistrate Kennedy Cheruiyot where a total of 14 witnesses have already testified.
The prosecution had sought for adjournment to produce the remaining witnesses in the matter.
Hearing set for March 2, 2020.
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