An application by the Director of Public Prosecution Noordin Haji opposing the retesting of fertiliser that was alleged to have mercury has been declined by the court.
The High Court in its ruling declined to have the orders by the trial court reviewed.
The court did not find convincing reason to interfere with the lower court’s direction.
Judge Daniel Ogembo directed that the fresh taking of samples be done for sampling on Thursday and tests to prove the mercury allegation be done on Friday.
The exercise is expected to be carried out by officials from the Kenya Bureau of Standards (KEBS) and the parties in the case together with a multi-agency team.
Noordin in his argument, stated that the application has been brought after undue delay and the results.
According to the prosecution, the results cannot be used to challenge the first KEBS result, which have already been tampered with.
In the case, former KEBS boss Charles Ongwae and seven others were arraigned over alleged importation of substandard fertiliser and circulation of fake stamps.