The Director of Public Prosecutions (DPP) has lost a bid to halt the sampling and re-testing of fertilizer which is the subject of a criminal case against former Kenya Bureau of Standards (KEBS) Managing Director Charles Ongwae and eight others.
High Court Judge Daniel Ogembo said the application is not merited and that the matter had been disallowed in February.
He further stated that he lacked jurisdiction to hear and review the order of a magistrate especially after having dismissed a similar application.
Justice Ogembo further observed that the DPP will not suffer prejudice if the re-testing is carried out given that the samples previously taken had been destroyed.
“The accused are looking for evidence to defend themselves in the criminal case that is yet to begin and the DPP should be ready to prosecute his case,” he said.
Defence lawyers Paul Muite, Edward Oonge and their colleagues raised concern over the manner in which the investigations were carried out and asked the court to order for fresh testing in presence of the accused persons.
Ongwae and nine others who have been charged with attempted murder through their lawyers have objected to the testing carried out by the government in their absence.
They applied to the trial court seeking an order for fresh testing of the fertilizer in their presence.