Kenya Bureau of Standards acting managing director Benard Nguyo is in trouble for defying orders to conduct fresh tests that were scheduled for February 20 and 21 on fertiliser that has been reported to contain mercury.
While giving his ruling, senior principal magistrate Kennedy Cheruiyot said the MD was aware of the orders issued but chose not to comply.
In addition magistrate Cheruiyot said, “Murira in the letter speculates that since the fertiliser in question absorbs water, chemical changes are likely to have taken place since the product has been kept in store for long .”
He further blamed the MD for allowing himself to be misled by Murira to engage in speculation on how the test results might turn out due to the conditions of the warehouse.
In the case, OCP (K), a subsidiary of Moroccan fertiliser company OCP- SA whose directors face charges of attempted murder, said the tests conducted in June last year by a multi-agency team, were done in their absence.
They said this violated their rights to fair administrative action.