Suspended Kenya Bureau of Standards (KEBS) boss Charles Ongwae and Directors of OCP (K) Ltd, a private firm now want fresh tests done on fertilizer alleged to contain excessive mercury.
Making the application before senior principal magistrate Kennedy Cheruiyot 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.
Muite said the court will reach a just decision if it orders fresh tests on the fertiliser since the case hinges on whether it was contaminate or not.
The firm argues that after the arrival of the consignment, it was informed by KEBS that the samples collected did not comply with specifications in terms of nitrogen and sulphur.
The Court will rule on the matter on January 15.