Court dismisses DPP bid to stop retesting of mercury in fertiliser


Court dismisses DPP bid to stop retesting of mercury in fertiliser

In Summary

  • This comes as the third time the court dismissed the application by the office of the DPP challenging the directions to have the fertiliser sampled and re-tested.
  • High Court Judge Justice Daniel Ogemba said the new application by the DPP seeking a review of orders requiring testing of the fertiliser is not merited before him having disallowed the same in February 2019.
  • Justice Ogemba stated that the prosecution was aggrieved and has since made an appeal at the Appellate Court which is still pending and coming up for hearing on March 28, 2019.

The Director of Public Prosecution’s bid to stop the sampling and retesting of fertiliser alleged to contain mercury has flopped in court again.

This is the third time the court has dismissed the application by the office of the DPP challenging the directions to have the fertiliser sampled and retested.

High Court Judge Daniel Ogemba on Tuesday said the new application by the DPP seeking a review of orders requiring testing of the fertiliser is not merited before him having disallowed the same in February 2019.

Justice Ogemba stated that having declined to set aside the orders of the trial court, the prosecution was aggrieved and has since made an appeal at the Appellate Court which is still pending and coming up for hearing on March 28, 2019.

According to the judge, the court lacks jurisdiction to hear and review the order of the magistrate issued on January 15, 2019 having dismissed a similar application, adding that the Court of Appeal should make a determination over the same.

“I’m not convinced that the applicant (DPP) has tabled enough evidence to show how he will suffer any prejudice if the sampling and retesting is done. I therefore dismiss wholly the application dated March 5 by the applicant, ” ruled Ogembo.

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Story By Dzuya Walter
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