The taxman has refused to have fertiliser said to contain mercury retested, declining to open seals on warehouses the consignment is stored.
Kenya Revenue Authority (KRA) instead has filed a suit to stop the retesting. KRA is claiming that it was not party to the orders issued by the court and that opening the seals at the warehouse will cast doubts on the credibility of the consignment.
According to KRA, the court orders were issued without giving it an opportunity to explain the difficulties they have in breaking the seals.
Seven people, among them former Kenya Bureau of Standards MD Charles Ongwae, Eric Kiptoo, Peter Kinyanjui, Martin Nyakiamo, Pole Mwangeni, Erick Kirimi and Benson Oduor have been charged with attempted murder for trying to sell the 3,500 tonnes of fertiliser to unsuspecting Kenyans.
They have in turn hit out at KRA, accusing the taxman of acting in bad faith by frustrating the court process in its refusal to open the warehouses.
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Senior Counsel Paul Muite, representing businessman Benson Oduor, argued that KRA was aware of the court order on retesting the fertiliser.
“The question we keep asking is what they know about the fertiliser that makes them spend so much energy opposing the retesting,” said Muite
