Lawyer Paul Muite has made an application in court to have the Kenya Bureau of Standard Acting Managing director Benard Nguyo, summoned to show cause why he should not be sent to jail for disobeying orders requiring him to conduct a fresh testing of Fertilizer.
Muite told Senior Principal Magistrate Kennedy Cheruiyot, that the MD has repeatedly disobeyed orders issued by the court in January.
“The court ordered that the sampling of the Fertilizer should be conducted on 20 February and re-testing be done on 21 February 2019. The parties flew to Mombasa for the exercise, but the MD was absent thus halting the exercise,” he said.
He said that there was no reason advanced from the office of the Director of Public Prosecution as to why the order had not been obeyed.
Muite submitted that the prosecution initially conducted the testing of the fertilizer in the absence of the accused and stated that it should jointly be carried out the testing to evaluate the validity of the evidence held by the prosecution.
He and his defence team said that prosecution had made several attempts to have the orders executed by moving to the high court and appeal court but no stay has been granted nor the order set aside.
“The court must hold its authority by summoning KBS MD to show cause why action should not be taken against him” he said.
The trial court will deliver its ruling on Wednesday 6.
The court had directed the testing be done in the presence of all the accused and an Interdependent laboratory, the samples be taken and testing be conducted on 21 February 2019.