Acting KEBS boss escapes civil jail for contempt of court

Acting Kenya Bureau of Standards (KEBS) Managing Director Bernard Nguyo on Wednesday escaped being committed to civil jail for allegedly failing to comply with court orders on retesting of fertilizer alleged to contain mercury.

Appearing before Magistrate Kenneth Cheruiyot, Mr. Nguyo told the court that the warehouse where the fertilizer is stored was sealed by the Kenya Revenue Authority (KRA) hence he was not in any position to comply with the order.

Magistrate Cheruiyot acknowledged Mr. Nguyo’s explanation but noted he is responsible for all the operations of KEBs and conduct of all its affairs, adding that it is the mandate of KEBS to take inspections and testing of imports to conform to the international standards.

“I am satisfied with the explanation to the extent that Nguyo was not aware of his role and that he had access concerns. I will direct therefore that summons were necessary for the interest of the supremacy of the law, ”ruled the court.

“Court orders must be complied unless are set a side in this case the court order fresh samples be corrected and tested for mercury as describe from the consignment dated November 20,2018 at the warehouse,”said Cheruitot

The court ordered that the Chief Manager for Customs at KRA in Kilindini port, Mombasa, to facilitate access to the warehouse by removing the seals and re-testing be done on March 26 and March 27 this year.

Further the court directed that the necessary police assistance be provided for the process to take place smoothly.