The High Court has issued orders restraining DCI officers from arresting Josiah Kimani Kariuki the Chief Executive Officer (CEO) of Silica Booster Limited Innovative Manufacturers (SBL) which deals with the production of fertilizer.
This comes a few days after the media reports that there is an impending arrest on suspicion that Kariuki is the one who has been distributing the fake fertilizer despite his product having been approved by the Kenya Bureau of Standards.
Kariuki believes that there is a scheme by fertilizer barons to edge out genuine competition by enhancing monopoly within the country.
Through his lawyer Danstan Omari, he rushed to court to prevent his unjustified arrest by granting him anticipatory bail as he believed he was likely to be arrested due to a well-calculated scheme by fertilizer barons in the country.
The High Court Judge Justice Diana Kavedza responded to the plea and admitted Kariuki with anticipatory bail of Sh 100,000 to be deposited in court.
In her ruling, the judge stated that the DCI and other stakeholders are at liberty to investigate or charge Kariuki for any criminal conduct.
However, she directed that they shall not arrest him until further orders by the court.
The defense lawyers led by Danstan Omari were directed to escort their client to the offices of the DCI for questioning and interrogation within seven days.
Upon conclusion of investigations, the Director of Public Prosecution DPP is at liberty to present any charge against Kariuki and the Investigating Officer shall notify him to appear before court for plea taking.
The judge further directed that, upon arraignment the orders shall lapse and the trial court should be at liberty to set new terms of bail.
The SBL Innovative Manufacturers Limited management was summoned by the Department Committee on Agriculture and Livestock on Tuesday, April 9, 2024, at Continental House, Parliament Building to discuss the distribution of GPC Plus organic fertilizer.
The purpose of the meeting is to interrogate the circumstances that led to the distribution of GPC organic fertilizer in the country through the National Cereals and Produce Board (NCPB) even though it is sub-standard by the Kenya Bureau of Standards (KEBS).
The company is expected to give details on account of events from company registration and objective, venture and motive for fertilizer production, relevant documents of the company, and chemical composition of their GPC Plus fertilizer.