A businessman who allegedly sold fake fertilizers to Kenyans amounting to Sh209 million has been released on Sh2 million cash bail.
Principal magistrate Celesa Okore on Tuesday released Josiah Kariuki on bail after considering the submissions by both the prosecution and the defence.
He was alternatively granted a bond of Sh5 million. The court further asked him to deposit his passport in court.
He was also cautioned not to interfere with witnesses.
The case will be mentioned on May 20.
Kariuki who is said to be the director of Fifty One Capital Limited and SBL Innovate Manufacturers Limited has denied fraud charges.
In the first count, he is accused that jointly with others not before the court, with intent to defraud Kenyan farmers, sold a total of 139,688 bags of 25 Kgs each of soil amendment and conditioner valued at Sh209,532,000 purporting it to be a genuine fertilizer a fact they knew to be false.
He allegedly committed the offence on March 31, 2022, at Kenya National Cereals and Produce Board Headquarters Nairobi City within Nairobi County.
In another count, Kariuki was accused that on January 12, 2023, at an unknown place within the country, jointly with others not before court with intent to deceive Kenya Bureau of Standards Nakuru Region offices, forged an agreement namely value-adding soil amendment and conditioner to organic fertilizer and animal supplement.
He allegedly purported it to be a genuine valid agreement signed between SBL Innovate Manufacturers Ltd and African Diatomite Industries Limited.
He further charged that at an unknown place, jointly with others not before the court, with an intent to deceive, he made Kenya Bureau of Standards Permit to use standardisation mark number 14617 in the name of 51 Capital, African Diatomite Industries K Limited purporting it to be a genuine permit to use standardisation mark issued by the Kenya Bureau of Standards.
The court heard that on January 18, 2023, at KEBs offices in Nakuru Township, Nakuru county, knowingly and fraudulently he uttered a forged agreement between African Diatomite Industries Limited and SBL Innovate manufacturers.
Kariuki was also charged that on March 18, 2022 at NCBP Headquarters in Nairobi, he knowingly and fraudulently uttered a forged Permit to use the standardisation mark number 14617 in the name of Fifty One Capital African Diatomite Industries K Limited to National Cereals and Produce Board purporting it to be a genuine one issued by Kenya Bureau of Standards.
He was also charged alongside companies 51 Capital Limited and SBL Innovate Manufacturers Limited that between January 28, 2023, and March 8, 2024, at an unknown place in the Republic of Kenya, knowingly and with intent to deceive applied standardisation mark for manufacture of Organic fertiliser on goods that failed to meet the requirements of KS 2290:2018 Organic fertiliser-specifications.
In the same case, three NCPB officials have since denied the charges and are out on a Sh1 million cash bail.
The officers are, Joseph Muna Kamote, John Kiplangat and John Mbaya.
