BY SAM ALFAN.
Five accused persons have been acquitted of attempted murder charges in the case relating to the consignment of fertilizer alleged to contain mercury.
Director of Public Prosecutions dropped the charges against Benson Oduor Ngesa, Karim Lofti Senhadji, Malika Kirama, Younese Addou and OCP Kenya Limited.
“The court hereby adopt the plea agreement by the prosecution”, ruled Magistrate.
This is after the DPP signed a plea bargain with Senior Counsel Paul Muite before Senior Principal Magistrate Kenneth Cheruiyot.
“The entire criminal charge against the five accused persons be marked as withdrawn under section 87 (a) of the Criminal Procedure Code,” states the plea agreement.
Through Senior Assistant Director of Public Prosecution Alexander Muteti, the DPP said he entered the agreement without prejudice to the criminal case 1151/2018 as against the other six accused persons.
He said the move was necessitated by availability of new facts to the prosecution by the accused persons that clearly indicates that the decision to charge them was made without the full benefit of the full factual scenario being provided to the investigators and the prosecution.
The court heard the decision to charge Karim Lofti Senhadji, Malika Kirama, Younese Addou and OCP was made because they were out of jurisdiction but they later provided information and documents that have given a new dimension to the matter, prompting a review of decision to charge them.
He said the terms of the plea bargaining agreement are that the acquitted persons shall unconditionally withdraw the application filed by Ngesa and supported by the other four accused persons, seeking the retesting of the fertilizer that is the subject of the criminal trial.
The DPP also agreed to release the fertilizer being held a Ballore warehouse in Mombasa. “It is agreed between the parties and the DPP that the investigating officer shall concurrently release the impounded consignment of fertilizer held at Ballore warehouse in Mombasa to OCP (K),” states the agreement.
The court heard that at the time of filing the plea agreement, the acquitted persons had not recorded their statements and supply the necessary supporting documentation, information and evidence to the investigating officer.
The agreement said the parties shall fully cooperate with the DPP in seeking justice in relation to this matter and the parties undertake not to lay any claim for damages or any other relief as a result of the action taken by the government in pursuit of or related to investigations and prosecution of his case in future either locally or internationally.
