BY NT CORRESPONDENT.
Director of Public Prosecution Noordin Haji now wants Senior Counsel Paul Muite removed from representing suspects facing charges of attempted murder over fertilizer alleged to contain excessive mercury.
In an affidavit sworn by the investigating officer corporal Moses Gituathi, the prosecution said there is bound to be conflict of interest in the case if Muite continues acting for Benson Oduor Ngesa and OCP (K) limited.
The prosecution said Muite has been retained by Kenya Bureau of Standards (KEBS) as one of the long-term counsel, among them as case pending before the High Court.
KEBS is said to have an interest in the current matter whereby the court ordered it to retest the fertilizer alleged to contain excessive mercury.
“Having acted for KEBS and will being retained by Ngesa and OCP is a classic case of conflict of interest which warrants the intervention of the court,” swears the IO in his affidavit.
According to the documents, the Senior Counsel has had access to the statements of witnesses lined up by the prosecution hence his knowledge of the victims is now clear.
“The continued representation by the Counsel for the 7th (Ngesa) and 11th (OCP) accused persons in this case with the apparent conflict of interest is an affront to the administration of justice in this case,” adds the officer.
Trial magistrate Kenneth Cheruiyot directed that the application be heard on April 24.
At the same time, the court issued summons to the Chief Manager customs KRA at Kilindini port, Abdi Malik for disobedience of court orders.
The court directed Malik on March 13, 2019 to facilitate the access to the warehouse where the fertilizer is stored by removing the seals. The sampling was to be done on March 25 and the retest the following day.
This however, was not done since they were not granted access by Malik after travelling all the way for the exercise.
In the case, the accused persons are former KEBS MD Charles Ongwae, Erick Cheshire, Peter Kinyanjui, Martin Muswanya, Pole Mwangeni, Benson Oduor Ngesa, Karim Lofti, Malika Kirama, Younes Addou and OCP (K) limited.
They are charged with attempted murder and abuse of office for allowing substandard fertilizer into the country.
