The Milimani Anti-Corruption Court has placed two former National Cereals and Produce Board (NCPB) officials, a businessman, and two companies on their defense in a case involving the sale of substandard fertilizer worth Ksh 209 million.
According to a statement released by the Office of the Director of Public Prosecutions on Tuesday, September 30, the court acquitted former NCPB Managing Director Joseph Muna Kimote due to insufficient evidence linking him to the alleged fraud.
"The Milimani Anti-Corruption Court has placed on defence two former National Cereals and Produce Board (NCPB) officials, a businessman, and two companies accused of defrauding the public through the sale of substandard fertilizer worth Ksh. 209 million," the statement read.
"The ruling, delivered after Prosecution successfully established a prima facie case, is a significant step in the fight against economic crimes by the Director of Public Prosecutions (DPP) and by extension, the Criminal Justice system," the ODPP stated.
Those placed on defense include Joseph Kiplangat Ngetich, former NCPB Corporate Secretary; John Mbaya Matiri, who served as chair of the Business Development and Advisory Committee; businessman Josiah Kariuki Kimani; Fifty-One Capitals Limited; and SBL Innovate Manufacturers.
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According to the prosecution, the accused face charges of conspiracy to defraud the public by misrepresenting soil amendments and conditioners as genuine fertilizer during the period between March 2022 and March 2024.
"They face charges of conspiracy to defraud the public by passing off soil amendments and conditioners as fertilizer between March 2022 and March 2024," the ODPP confirmed.
Businessman Kimani and his associated companies face additional serious charges beyond the conspiracy count.
"Mr. Kimani, alongside his companies, faces additional charges of forgery, uttering false documents, illegally applying a standardization mark to non-compliant commodities, and using misleading labels in the sale of fertilizer," the statement indicated.
The court heard extensive evidence about how forged documents were allegedly used to deceive regulatory authorities, particularly the Kenya Bureau of Standards (KEBS).
The case dates back to May 2024 when senior NCPB officials were arrested in connection with the fake fertilizer scandal. At the time, three top officials of the state agency—including the Managing Director, Corporate Secretary, and General Marketing Manager were taken into custody.
The arrests came after investigations revealed that the NCPB had allegedly distributed 139,688 bags of 25kg fertilizer valued at over Ksh 209 million, which were purported to be genuine but were in fact substandard products.
When the accused were first arraigned, they pleaded not guilty to charges of conspiracy to defraud farmers and abuse of office.
The prosecution had opposed their release on bail, citing ongoing investigations and concerns about potential interference with witnesses and evidence tampering.
At the initial hearing, the court was informed that businessman Kimani, listed as the first accused, had evaded arrest and switched off his phones, raising concerns about the likelihood of other accused persons absconding.
The defense team, which included prominent lawyers Katwa Kigen, Danstan Omari, Sam Nyaberi, and Shadrack Wamboi, had argued that investigations were complete and that the accused, being public officers with established homes and corporate responsibilities, posed no flight risk.
