NCPB boss seeks anticipatory bail to bar arrest over fake fertiliser


National Cereals and Produce Board (NCPB) CEO Joseph Muna Kimote, during a meeting with the National Assembly Agriculture Committee in Nairobi. [David Njaaga, Standard]

Embattled National Cereals and Produce Board (NCPB) CEO Joseph Kimote on Tuesday moved to court to obtain anticipatory bail to stop police from arresting him again.

In his application filed before anti-corruption High Court Judge Nixon Sifuna, Kimote claimed that he had information that the Directorate of Criminal Investigations would arrest him for the second time.

He alleged that he has so far received threats emanating from the fake fertiliser saga charges.

“The threats have persisted and show no signs of stopping and the applicant (Kimote) is apprehensive that only an urgent action by this honourable court shall stop this injustice,” argued Kimote.

The NCPB boss has sued the DCI, Inspector General of Police  and the Director of Public Prosecution (DPP).

He was last week charged alongside NCPB Company Secretary John Kiplangat and Development Committee chairman John Mbaya.

The DPP also pressed charges against 51 Capital Kenya and SBL Innovative Manufacturers, who are alleged to be the suppliers of 139,688 bags of the substandard fertiliser.

Kimote, Kiplangat and Mbaya were accused of conspiring to defraud Kenyans more than Sh209 million.

They were accused of plotting to defraud Kenyan farmers by selling a total of 139,688 bags of soil amendment and conditioner purporting it to be genuine fertiliser.

Kimote told the High Court that he was arrested on April 29 and spent three days at Muthaiga Police Station.

He said on May 2, he was charged and released on a Sh1 million cash bail.

However, Kimote argued that he got wind that the police are coming after him for related claims or over his role as the NCPB CEO.

The embattled CEO argued that it is unfair to charge  a person twice over the same offence.

“If the arrest is permitted to happen, then my right to bail will be infringed as I am currently out on bail having been charged with similar offences. The police are being used to harass and intimidate me and or oppress me by virtue of the office I hold,” claimed Kimote.

The NCPB boss pleaded with the court to issue him with anticipatory bail saying that that two nights in Muthaiga were not pleasant.

Kimote promised that he would comply with the police in case they summoned him.

“Having already spent two nights at Muthaiga Police Station, I pray that this court protects me from going through the same ordeal," he said.

"I will at all times be willing and be ready to co-operate with investigative agencies… I will abide by the terms set by this honourable court,” he argued.