- In the first count, he is accused of jointly with others not before the court, he reportedly conspired with intent to defraud Kenyan farmers, sold a total of 139,688 bags of 25kgs each of soil as genuine fertiliser.
- Through his lawyer, the accused pleaded for lenient bond terms and witness statements from the prosecution.
Image: DOUGLAS OKIDDY
A Nairobi businessman who allegedly conspired to defraud Kenyans in Sh209 million fake fertiliser case was on Monday charged before the court.
Josiah Kariuki appeared before principal magistrate Celesa Okore.
He denied the charges of conspiracy to defraud, and forgery among other charges.
In the first count, he is accused of jointly with others not before the court, he reportedly conspired with intent to defraud Kenyan farmers, sold a total of 139,688 bags of 25kgs each of soil as genuine fertiliser.
The court heard that he allegedly committed the offence on March 31, 2022, at Kenya National Cereals and Produce Board Headquarters Nairobi City within Nairobi.
In another count, Kariuki was accused that on January 12, 2023, at an unknown place within the country, jointly with others not before the court with intent to deceive Kenya Bureau of Standards Nakuru Region offices, he allegedly forged an agreement namely value-adding soil amendment and conditioner to organic fertiliser and animal supplement.
He allegedly purported it to be a genuine valid agreement signed between his firm SBL Innovate Manufacturers Limited and African Diatomite Industries Limited.
He was further charged that on an unknown date 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.
Through his lawyer, the accused pleaded for lenient bond terms and witness statements from the prosecution.
The prosecution opposed his release on bail stating that he was a flight risk.
The court will make its ruling on Tuesday on the bail application.
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.