The office of the Directorate of public prosecutions (DPP) has dropped the charged of the Moroccan company and its directors for allegedly importing fertilizer laced with mercury.
The DPP and the lawyer representing the company Paul Muite entered into a plea agreement that was adopted by the court.
The plea agreement and the withdrawal however does not include the Kenya Bureau of Standards(KEBS) MD Charles Ongwae who was among those charged with them. This therefore is an indication that the the criminal case against them will continue.
The charges for OCP(k) ltd and two of its directors Malika Karama and Younes Addou and businessman Bernard Ngesa under section 87 (a) of the criminal procedure code which states that:
“In a trial before a subordinate court a public prosecutor may, with the consent of the court or on the instructions of the Director of Public Prosecutions, at any time before judgment is pronounced, withdraw from the prosecution of any person, and upon withdrawal, if it is made before the accused person is called upon to make his defence, he shall be discharged, but discharge of an accused person shall not operate as a bar to subsequent proceedings against him on account of the same facts, the CPC states.
The prosecution through state counsel Alexander Muteti said that that the plea agreement had been reached after the accused persons provided new facts in relation to the case.