A Nairobi court ordered Kenya Bureau of Standards (Kebs) acting managing director Bernard Nguyo to appear for failing to comply with a directive to test a fertilizer shipment suspected of containing mercury, according to court records from 2019.
The summons followed a February 20 ruling by Principal Magistrate Kennedy Cheruiyot, who noted Nguyo was aware of the court mandate to sample and test the cargo stored at Mombasa’s Bollore Transport warehouse but did not attend the scheduled procedure.
Nguyo faces charges related to the importation of 5.8 million bags of substandard fertilizer violating Kebs quality standards. Former managing director Charles Ongwae and other officials are also facing criminal charges, including attempted murder, over alleged health risks from the contaminated product.
Senior Counsel Paul Muite, representing OCP-K, called the non-compliance an affront to judicial authority, emphasizing the court order specifically targeted Nguyo. Director of Public Prosecutions Noordin Haji’s appeal against retesting was rejected by High Court Judge Daniel Ogembo, who stated the prosecution would not suffer prejudice from the process.
The court mandated fresh testing in the presence of accused parties and independent labs, with results to be used in the trial. The original multi-agency tests had been destroyed, prompting the reevaluation. Nguyo is due in court on March 12, 2019.
