DPP terminates ‘mercury in fertiliser’ case against Moroccan company, 4 others

Director of Public Prosecutions Noordin Haji has terminated the case against a Moroccan company and four others accused of importing fertiliser alleged to contain mercury.

The accused, OCP (K) Ltd, its directors Malika Karama and Younes Addou, Bernard Ngesa and Karimi Lofti Senhadji are free after the DPP sought to have the charges withdrawn under section 87 (a) of the criminal procedure code.

The DPP, through his assistant Alexander Muteti, told the court that the parties entered into a plea agreement which was subsequently adopted in court which led to the accused being discharged.

The court was told that the decision to charge the accused was made without the full benefit of the full factual scenario being provided to the investigators and the prosecution by all the accused persons in the matter.

Muteti also told the court that the DPP has also withdrawn the application seeking the disqualification Senior Counsel Paul Muite from appearing in the matter.

The five had been charged alongside former KEBS MD Charles Ongwae, Erick Kariuki, the Port Health officer at Kilindini, Peter Kinyanjui, the Inspection Manager at the Kilindini Port, Pole Mwangemi, the regional manager of the Coast region, and Martin Muswanya whose case will have to proceed as they are not included in the plea bargain agreement.

“For avoidance of doubt, the charges against the six remaining accused persons shall proceed to hearing to their logical conclusion,” said the DPP.

Counsels representing the other accused persons want to be supplied with the new evidence or documentation that has led to the others being discharged.

The matter will be mentioned on May 23, 2019.