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Corruption Unearthed: NCPB CEO Charged in Fertilizer Scam, Replaced by Acting Head

Joseph Kimote the CEO of NCPB who was charged over the Sh209m fake fertilizer scam has been replaced with Samuel Karongo in an acting capacity.

The news of the replacement of Kimote was made public before anti-corruption magistrate Celesa Okore by defence lawyers Katwa Kigen and Danstan Omari while agitating for his release on bond saying he cannot interfere with witnesses since he has been removed.

Kimote was charged alongside John Kiplangat Ngetich (Corporate Secretary) and John Mbaya Matiri (General Marketing Manager).

The three are among six suspects including two companies which the court heard are behind the fake fertilizer scam.

The proprietor of Fifty One Capital (K) Limited and SBL Innovate Manufacturers Limited Mr Josiah Kariuki Kimani did not appear in court for plea taking.

All the accused were charged with conspiring to defraud Kenyan farmers by selling a total of 139,688 bags of 25 Kg each of soil amendment and conditioner valued at Sh 209,532,000 purporting to be genuine fertilizer a fact they knew was false.

Kimote is separately charged with abuse of office by improperly conferring a benefit to Kimani by executing an urgency contract between NCPB and Fifty One Capital, African Diatomite Industries Limited to supply 139,688 bags of 25 Kg each of soil amendment and conditioner branded as fertilizer within NCPB depots across the country.

Ng’etich who was the cooperate secretary of NCPB is facing an abuse of office charge for executing the urgency contract between Kimani and NCPB.

Matiri was separately charged with abuse of office when he was the chairman of the Business Development and Advisory Committee of NCPB by recommending the award of an urgent agreement between Kimani his companies and NCPB.

Applying for the release of the accused on bond defence lawyers said the accused are not a flight risk since they are cooperating officials.

Kigen said the investigations are complete and the accused persons cannot interfere with the intended witnesses.

He also told the court that in the respective counts against the three, there were no personal benefits in evidence,

“Your honor considering the respective counts against the three accused persons, there is no money received intending to benefit any of the three,” said Kigen.

Omari said what the accused persons did was to endorse the contract of supply and they are not privy to what was supplied and sold to farmers.

State prosecutor Evelyn Onunga opposed their release on bond saying they will interfere with the case since it attracts a harsh penalty.

She said the acts of the accused persons interfered with the food production in the country thus affecting the economy,

“Agriculture is the backbone of the economy contributing 33 percent of the GDP,” said Onunga.

She said the shortage of food interferes with the national security.

In her ruling, magistrate Okore said the prosecution did not produce evidence to prove the accused were a flight risk and would interfere with witnesses.

She proceeded to grant them a bond of Sh 3 million with a surety of the same amount or alternative cash bail of Sh 1 million.

They were also ordered to deposit their travel documents and leave the court jurisdiction with permission.

Okore ordered Kimani and his two accomplices to appear in court on May 6, 2024, for plea-taking failure to which a warrant of arrest will be issued.

The matter was scheduled for mention on May 20, 2024, for pre-trial and directions.

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