Suspended Kenya Bureau of Standards (Kebs) boss Charles Ongwae and directors of a private firm now want fresh tests done on fertiliser alleged to contain excessive mercury.
Making the application before senior principal magistrate Kennedy Cheruiyot on Tuesday, the accused persons, who are facing charges of attempted murder, said previous tests done by the importer, independent laboratories and Kebs did not detect any mercury as alleged.
Through Senior Counsel Paul Muite, OCP Ltd said the samples, which form the basis of the charges against its directors were extracted and unilaterally tested by Kebs, in their absence.
“Why did they not invite us for testing against the protocols and procedure of Kebs? The court has the authority to make the orders we are seeking,” Mr Muite said.
Since the entire case hinges on whether the fertiliser was contaminated or not, the best way for the court to come to a just decision is to allow for fresh tests to be carried out, he added.
