Suspect Alleged to Have Loaded Sand, Sold as Fertilizer, and Profited Sh209 Million Appears in Court

The owner of two companies allegedly involved in a scandal of Sh209 million fertilizer by loading sand into fertilizer bags has been charged.

Josiah Kariuki Kimani was brought before the Milimani Anti-Corruption Court in front of Ms. Celesa Okore.

Kimani denied seven charges of corruption and defrauding farmers in the country due to fake fertilizer mixed with sand.

Kimani is the owner of SBL Innovate Manufacturers Limited and African Diatomite Industries Limited companies that were contracted to manufacture and distribute fertilizer to farmers.

Director of Public Prosecutions (DPP) Renson Igonga charged Kimani with seven counts of forging fertilizer manufacturing certificates claiming they were approved by the Kenya Bureau of Standards (KeBS).

He denied involvement in the crime on January 12, 2023.

The investor was alleged to have collaborated with others to provide false information to KeBS officials in his offices in Nakuru.

The magistrate was told by the prosecution’s lead, Ms. Everlyn Onunga, that Kimani forged a certificate of manufacturing fertilizer mixed with animal remains claiming it was prepared and signed by KeBS.

Kimani was accused of forging certificate number 14617 issued to his companies under the names 51 Capital and African Diatomite K Limited for the quality of fertilizers he produced.

Ms. Onunga told Magistrate Okore that the accused submitted certificate number 14617 to the Cereal and Produce Board claiming his companies were authorized to supply fertilizer for purchase by farmers.

The leader of the two companies faced another charge of receiving certificate number 69392 for manufacturing fertilizer of KS 2290:2018 standard accepted by KeBS.

Kimani was charged five days after the former NCPB Director, Mr. Joseph Muna Kimote, was charged with selling 139,688 bags of fertilizer worth Sh209,532,000 to farmers.

Mr. Kimani requested to be released on bail, saying Justice Diana Kavedza of the Kibra High Court had granted him bail of Sh100,000.

But Ms. Onunga opposed the accused being released on the same bail as that of Judge Kavedza, arguing “his companies were involved in the manufacture and distribution of the fake fertilizer.”

Ms. Onunga said the accused was not charged when released by Judge Kavedza and “his situation has changed now.”

The magistrate was told that the fertilizer caused a lot of turmoil among Kenyans and stakeholders, with Onunga saying such behavior could cause a food shortage in the country.

Kimani will be charged together with Kimote, who was charged last Wednesday with John Kiplangat Ngetich (NCPB Secretary-General) and John Mbaya Matiri (General Manager of Sales) for conspiracy to defraud Sh209,532,000.

The three were accused of cheating farmers by selling them sand mixed with stones claiming it was pure fertilizer.

The magistrate was informed that between March 17, 2022, and March 8, 2024, the defendants conspired to sell farmers 139,688 bags of refurbished sand worth Sh209,532,000.

The charge said the 25-kilogram bags were claimed to contain genuine fertilizer.

Kimote, Ng’etich, and Matiri were charged together with Josiah Kariuki Kimani, who owns two companies, Fifty One (K) Capital Limited and SBL Innovate Ltd, which were contracted to manufacture fertilizer in the country.