A factory owner has been arraigned alongside 13 others over the sale of substandard cement.
Mr Philip Ndegwa Owino appeared before Milimani Senior Principal Magistrate Dolphina Alego on charges of selling and distributing substandard and counterfeit cement.
He was charged alongside Patrick Munyasya, Josphine Mwalim Kinya, Joseph Kennedy Omanyala, Jacob Iyadi Wambulwa, Kennedy Wambua Kilonzo, Edwin Kiprotich Bett, Muema Kimuu Mwanza, George Kiarie Kinyanjui, James Charles Muriithi, Christopher Kyalo Kilonzo, Mason Wekesa Muringamu, Felix Mawesa Katomo and Simon Kaira Njoroge.
The magistrate declined a plea by the multi-agency team of officers comprising police officers from the Directorate of Criminal Investigations (DCI) and Kenya Bureau of Standards (Kebs) to detain the suspects for 30 days pending in-depth investigations.
The court released the suspects on a bond of Sh500,000 each with one surety of similar amount, and an alternative cash bail of Sh200,000 each.
“There have been incidents of buildings collapsing during construction and the same is directly attributed to poor quality cement, which is a matter of grave public concern due to the lives lost during such incidences,” Ms Alego stated in her ruling.
The magistrate was, however, quick to add that the numerous incidences of buildings collapsing could not be used as a basis to deny the suspects bail.
She said the parameters which the court considers is the gravity of the offence, enticement to jump bail due to severity of the penalty and whether the suspects will turn up for their trial.
The magistrate concurred with defence lawyers John Andati, Bryan Khaemba, Danstan Omari and Diana Ariso Echom that no compelling reasons were advanced by the prosecuting counsel James Gachoka to enable the court deny the suspects bond.
Mr Khaemba, Mr Omari and Mr Andati urged the magistrate to free the suspects on bond since they are victims of cement wars pitting barons in the industry.
The legal team told the court that some of the suspects arrested were taxi drivers, casual labourers working at the constructions cites, truck drivers, hardware owners and passersby arrested by the multi-agency team of officers after being given a lift by a truck driver.
“I urge this court to release these suspects on bond. They are victims of cements wars pitting the main players in the industry,” Mr Omari urged.
That submission was buttressed by lawyers Khaemba, Echom and Andati who said that their clients were caught in the cross-fire.
Applying for their detention Mr Gachoka said the multi-agency team of officers drawn from various government agencies was formed to investigate the sale of counterfeit cement to various consumers with a view to curbing the menace.
Investigations revealed that unscrupulous businessmen were buying cement from legitimate factories and adulterating it by tampering with the bag weights before selling it, Mr Gachoka said.
Mr Gachoka said the recommended ratios are interfered with, thereby compromising the quality of the cement.
The prosecution opposed the bail plea by the defence, saying investigations have not been completed.
However, the magistrate freed the suspects on bond to celebrate Christmas and New Year with their families, adding that “the much awaited report from Kebs on the quality of the cement may take a relatively long time”.
She directed the case to be mentioned on February 20 next year, when Kebs is expected to table its report on the quality of the cement that was recovered from various outlets.
The magistrate also directed the suspects to report once a week at the DCI office at Capitol Hill until investigations are completed.
