By Peter Ochieng
President William Ruto’s Kenya Kwanza administration may soon be sued over the fake fertiliser scam.
The Law Society of Kenya (LSK) leadership is preparing to institute a class action lawsuit against the government of the day, it fails to compensate farmers affected by the fake fertiliser scandal.
LSK’s leadership says it will drag the State to court within two weeks, if no action is taken towards compensating farmers.
In law, a class-action lawsuit refers to a civil lawsuit brought on behalf of a group of people, or business entities who have suffered common injuries or injustices.
Faith Odhiambo, the newly elected LSK President in an address to the press said Agriculture Cabinet Secretary (CS) Franklin Mithika Linturi, the National Cereals and Produce Board (NCPB), the Kenya Bureau of Standards (KEBS), and any other government official involved in the distribution of counterfeit fertiliser must be held liable.
“Should the ministry fail to put in place the recommended and other necessary measures by lapse of our demand period, we will take necessary against all parties involved and bestowed with authority in the matter,” she said.
“We will petition Parliament to call for immediate removal of Mr. Linthuri from the office of Cabinet Secretary by dint of Article 152(6) of the constitution on grounds of gross misconduct, violation of the constitution, and incompetence to hold public office,” she added.
She accused the CS of failing to take charge towards pushing for effective investigations, over the the scandal.
“When not attacking journalists, the CS has resorted to shock and awe tactics, storming into manufacturing plants and purporting to revoke licenses, all without conducting proper investigations or providing any clear policy decisions from the Ministry on the matter.”
Hundreds of farmers across the country went at a loss, when some of the fertiliser purchased from NCPB stores turned out to be fake. They purchased the subsidized fertiliser at a cost of Sh2,500 per 50 kilogram bag.
President William Ruto then ordered that the affected farmers be compensated. However, when he appeared before the Senate Committee on Agriculture investigating the fake fertiliser issue about two weeks ago, CS Linturi was non-committal on whether farmers would be compensated by the State.
The CS only said the affected farmers will be compensated with top dressing fertiliser, at an additional fee. “We want farmers who took the substandard fertiliser to take back the fertiliser they took then we will rework the money we haven’t paid to Kel Chemicals.”
Senators called him out of order, demanding that the affected farmers be compensated at no extra cost.