Director of Public Prosecutions Noordin Hajji will be preferring new charges against former Kebs MD Charles Ongwae over the fertiliser case.
Prosecutor Alexander Muteti on Thursday told magistrate Kennedy Cheruiyot that following the plea bargain adopted in court two weeks ago, they intend to charge Ongwae and five others afresh.
The court gave the prosecution 14 days to prepare and act.
On May 9, the DPP agreed to have the impounded consignment of 3,500 bags of fertiliser held at a godown in Mombasa released.
The fertiliser was impounded in June last year for allegedly containing mercury.
Its release is part of a plea agreement entered into by the DPP, and Senior Counsel Paul Muite acting for OCP (K) Ltd, a Moroccan company, its directors Malika Karama and Younes Addou and businessman Benson Ngesa.
“It was agreed between the parties and the DPP that the investigating officer shall concurrently release the impounded consignment of fertiliser held at Bollore warehouse in Mombasa to the OCP (K) Ltd,” reads the agreement.
The DPP also withdrew the criminal charges facing Ngesa, OCP and its directors under section 87 (a) of the criminal procedure code.
The agreement, which was adopted in court by Cheruiyot, was made after state prosecutor Alexander Muteti said new facts were availed to them by the accused persons that clearly indicated the decision to charge was made “without the full benefit of the full factual scenario being provided to the investigators and the prosecution by all the accused persons in the matter”.