LSK sues Linturi and PS Rono over substandard fertiliser scandal

Agriculture CS Mithika Linturi before the Select Committee on his Proposed Dismissal of the at the Mini Chambers, Nairobi on May 10, 2024. [Elvis Ogina, Standard]

Agriculture Cabinet Secretary Mithika Linturi is not yet out of the woods over the substandard fertiliser saga.

The CS was let off the hook by a parliamentary select committee which was formed to hear a motion filed by Bumula MP Jack Wamboka to have him out office.

But now the Law Society of Kenya has dragged the minister to court arguing that he has a stake on what transpired and is to blame for the National Fertiliser Subsidy Programme (NFSP) saga.

LSK’s lawyer Okoth Ogola says the parliamentary process was a sham as it never got to the bottom of who was to blame for the fake fertiliser scandal.

Ogola argues the select committee took Kenyans for a ride by making rulings that were meant to close the case without apportioning responsibility to the persons who were culpable.

LSK has sued Linturi, Agriculture Permanent Secretary Paul Rono, the Ministry of Agriculture, National Cereals and Produce Board (NCBP) and Kenya Bureau of Standard (KeBS).

Others in the case are Kel Chemicals, Mem Distributors Limited, Director of Public Prosecution and the Director of Criminal Investigations.

The lawyes body argues that the Naomi Waqo led committee should have summoned Agriculture PS and Kel Chemicals Chief Executive Officer who to shed light on what exactly transpired.

Ogola claimed that Linturi and Dr Rono ran the subsidised fertiliser programme in haste and violated the law.

“The parliamentary proceedings on the proposed impeachment of the first respondent did not in any way alleviate the situation. The nuanced approach taken by the select committee, non-publication of the documents assessed or relied on in making its determination, and the failure to admit key witnesses in the proceedings denied Kenyans the opportunity to understand the full extent of the NFSP scam," Ogolla argued.

"As it stands, it remains unclear how much fake fertiliser made its way into farms, how much money was lost both by government and by farmers, or who exactly was behind the manifestly fraudulent scheme that the NFSP was reduced to," he added

LSK wants Linturi and Rono to be held liable for the saga personally.

LSK Chief Executive Officer Florence Muturi swore an affidavit in support of the case.

She said the role of implementation of the subsidised fertiliser ought to have been a preserve of Fertiliser and Animal Foodstuffs Board but Linturi has not established or appointed such a board to-date.

”In the haste and chaos of implementing the NFSP prematurely, the first respondent (Linturi) abdicated his duty under Section 2C of the Fertiliser and Animal Foodstuffs Board  CAP 345 of the Laws of Kenya by failing and/or neglecting to appoint and/or set up the Fertiliser and Animal Foodstuffs Board established under section 2A of the said Act with the mandate of regulating the fertilisers and animal foodstuffs industry in Kenya, including the production, manufacture, packaging, importation and marketing of fertilisers and animal foodstuffs,” said Muturi.

According to her, the ministry had no framework for the implementation of the programme and left NCPB to call the shots.