Suspended Kenya Bureau of Standards (Kebs) boss Charles Ongwae and directors of a private firm now want fresh tests done on fertiliser alleged to contain excessive mercury.
Seven people facing the charges related to importation of fertiliser with high mercury content have filed an application in court seeking orders to have fresh testing of the consignment.
The former government officials are accused of unlawfully releasing to OCP (K) ltd, 5,846,000 kgs of substandard compound fertiliser which contained mercury, a sustenance that endangers human life. It is alleged that they committed the offence between November 13, 2017 and June 7, 2018.
Through senior counsel Paul Muite, the accused persons want orders for a fresh testing of all the samples evaluated by Kenya Bureau of Standards (Kebs).
They want the fresh test done in the presence of an independent laboratory, US-based Thornton Laboratories Testing and Inspection services, defence lawyers and Kebs laboratory.
According to court papers filed by Bollore Transport clearing agent Bernard Oduor Ngesa, who was charged alongside Kebs managing director Charles Ongwae and seven others over the importation of substandard fertiliser and circulation fake Kebs stamps, he wants a retest on grounds that previous tests done by the importer and by independent laboratories, Bureau Veritas, Intertek and Cropnuts and Kebs did not reveal the presence of mercury in the fertiliser.
Oduor and Ongwae and eight others have since denied several attempted murder charges in relation to importation of 5,846,000 bags of substandard fertiliser, abuse of office, conspiracy to defraud, aiding the commission of a felony and breach of trust charges.
Director of Public Prosecutions, through Samuel Owiti, opposed the application and urged the court to dismiss the application.
He said Kebs is the only State body mandated to carry out such a test. The ruling on the application was set for Tuesday, next week.