Fake fertiliser: NCPB boss Joseph Kimote and two others charged, plead not guilty

John Mbaya Matiri, John Kiplangat Ngetich

From left: John Mbaya Matiri, John Kiplangat Ngetich and Joseph Muna Kimote appear before Magistrate Celesa Okore in the fake fertiliser scandal case at Milimani Law Court on May 2, 2024.

Photo credit: File | Nation Media Group

The Managing Director of the National Cereals and Produce Board (NCPB), Joseph Muna Kimote, has been charged with conspiracy to defraud over the sale of fake fertiliser worth Sh209.5 million, among other charges.

Mr Kimote was arraigned alongside John Kiplangat Ngetich (NCPB's company secretary) and John Mbaya Matiri (General Manager - Marketing).

They denied several charges, including conspiracy to defraud and abuse of office, and were ordered by the court to pay bail in the sum of Sh3 million with one surety each or alternatively cash bail in the sum of Sh1 million each.

It later emerged that Mr Kimote had been replaced on an acting basis by Samuel Karango, the NCPB managing director.

The news of Mr Kimote's replacement was made public before anti-corruption magistrate Celesa Okore by defence lawyers Katwa Kigen, Jackson Kala and Danstan Omari while arguing for his release on bail.

The lawyers said Mr Kimote could not interfere with witnesses because he had been replaced.

The proprietor of Fifty One Capital (K) Limited and SBL Innovate Manufacturers Limited, Mr Josiah Kariuki Kimani, did not appear in court to enter a plea.

The court directed him to appear in court on May 6 for plea taking, failure to which a warrant for his arrest will be issued.

The charge sheet stated that the four individuals and two companies conspired to defraud Kenyan farmers by selling a total of 139,688 bags of 25 Kg each of soil amendment and conditioner valued at Sh209.5 million.

It is alleged that they presented the fertiliser as genuine, an offence they allegedly committed between March 17, 2022, and March 8, 2024, at an unknown place.

Mr Kimote was separately charged with abuse of office by improperly conferring a benefit to Mr Kimani by executing an urgency contract between NCPB and Fifty One Capital, African Diatomite Industries Limited to supply 139,688 bags of 25 Kg each of soil amendment and conditioner branded as fertilizer within NCPB depots across the country.

Mr Ng'etich who was charged with abuse of office for allegedly executing the urgency contract between Mr Kimani and NCPB.

Mr Matiri was also separately charged with abuse of office as the chairman of the Business Development and Advisory Committee of NCPB for recommending the award of an urgency agreement between Mr Kimani his companies and NCPB.