High Court Denies Anticipatory Bail to Suspended NCPB Director Amid Fertiliser Scandal
The High Court has denied a request for anticipatory bail to Joseph Muna Kimote, the suspended Managing Director of the National Cereals and Produce Board, while he faces possible arrest.
Kimote approached the court out of concern that he might be detained due to the ongoing fertilizer scandal, even though he had already been charged and released on an Sh1 million cash bail.
In his application, Kimote mentioned receiving reliable information and threats of re-arrest for similar or related charges connected to his role at the NCPB.
Judge Nixon Sifuna from the High Court’s anti-corruption division refused to grant the bail, noting that it could not be justified based on unfounded fears or rumors.
The judge emphasized that Kimote must prove that the potential arrest would cause more than the typical inconvenience associated with a routine arrest.
Kimote argued that his arrest would constitute double jeopardy and violate his rights since he had already been charged with the same offenses.
He also claimed that the threats were so serious that he was unable to conduct his business due to the fear of arrest.
Kimote clarified that his request was not aimed at halting police investigations, as he was always ready to cooperate with the authorities.
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Last week, Kimote was charged alongside John Kiplangat Ngetich and John Mbaya Matiri with various charges, including conspiracy to defraud and abuse of office. They were required to post a Sh3 million bond and a surety or a Sh1 million cash bail each.
According to the charge sheet, they were accused of defrauding Kenyan farmers by selling 139,688 bags of 25 kg each of soil amendment and conditioner valued at Sh209.5 million.
They allegedly misrepresented the fertilizer as genuine between March 17, 2022, and March 8, 2024, at an undisclosed location.
Additionally, Kimote faced charges of abuse of office for improperly benefiting Josiah Kariuki Kimani by arranging a contract between NCPB and Fifty One Capital, African Diatomite Industries Limited, for the supply of 139,688 bags of soil amendment and conditioner labeled as fertilizer.
Kimani was released on bond after denying charges including conspiracy to defraud, forgery, presenting forged documents, and misusing a standardization mark on a product that did not meet standards.
Justice Sifuna scheduled a hearing for May 9 for the involved parties to discuss the application.
High Court Denies Anticipatory Bail to Suspended NCPB Director Amid Fertiliser Scandal
