KEBS MD summoned over contempt of court in fertilizer case

Former KEBS Managing Director Charles Ongwae: Photo file

Kenya Bureau of Standards Managing Director has been summoned for contempt of court in the on going controversial fertilizer case.

Principal Magistrate Kenneth Cheruiyot wants MD Bernard Nguyo to appear on Tuesday 12th and explain why he should not be punished for disobeying court orders that allowed the application by the defense to retest said fertilizer for mercury.

The magistrate ruled that Nguyo was aware of the orders of the court but he chose not to obey them.

Senior Counsel Paul Muite made an application to have the MD summoned for repeatedly disobeying the orders.

Muite submitted that the court ordered that the sampling of the fertilizer be done on 20th February and the retest on 21st February 2019.

“The parties flew to Mombasa for the exercise but the MD was not there thus halting the exercise,” Muite added.

He added that no explanation was given by the DPP.

The court had earlier directed that the fresh testing be done in the presence of the accused persons, their lawyers and an independent laboratory.

The court heard that the other tests conducted last year were done in their absence.

The court also ordered that the summons be served to the MD by the investigating officer.

Former KEBS MD Charles Ongwae and other officials are charged with attempted murder for importing fertilizer that allegedly contained excess mercury.

They are also facing abuse of office charges, breach of trust and commission of a felony.