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Court orders fresh re-testing of fertilizer said to contain mercury

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A Nairobi court has Tuesday ordered fresh re-testing of the fertilizer imported into the country last year to confirm whether it contains excessive mercury.

Milimani law courts senior principal magistrate Kennedy Cheruiyot said he was satisfied that the application by OCP (K) ltd and  former Kenya Bureau of Standards (KEBS) Managing Director Charles Ongwae and nine others in a case facing them was merited.

The Prosecution led by Alexander Muteti had opposed the re-testing of the fertilizers but the defence led by senior counsel Paul Muite in the acting for OCP (K), a subsidiary of OCP- SA, a fertilizer company accused a multi-agency team of conducting the tests, which allegedly found the presence of mercury in the samples taken by KEBS.

The company told the court that the consignment of the fertilizer arrived in the country on January 23, 2018 but claims of mercury emerged in June.

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Magistrate Cheruiyot directed that fresh samples be collected for testing by KEBS in the presence of both parties which he added will be fair for both parties

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