
A Mombasa court has heard claims against former Interior Cabinet Secretary Fred Matiang’i, alleging his involvement in politically motivated interference during the 2018 seizure of sugar imports from Egypt.
The sugar, originally flagged for alleged mercury contamination, was reportedly banned under questionable circumstances to benefit politically connected cartels.
These revelations surfaced during the ongoing trial of employees from the Kenya Revenue Authority (KRA) and the Kenya Bureau of Standards (KEBS), as well as an importer and a clearing agent.
The accused, charged with releasing the sugar into the Kenyan market, argue that the mercury claims were weaponized for political gain.
They assert the bans enabled the creation of a lucrative monopoly for select individuals.
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KRA Customs Verification Officer Vivian Moraa testified that mercury contamination allegations were baseless.
“Dr Matiang’i mentioned mercury, but the test results of 10,000 bags of brown Egyptian sugar only pointed to moisture issues.
The claims were entirely political,” Moraa stated, clarifying that her role in releasing the sugar was routine and followed standard procedures via the Simba system.
KEBS Inspection Manager Samuel Onjolo supported this, arguing that the seizures served political interests.
“If safety was the real issue, KEBS or port health officials, not KRA, should have handled it. The consignment even had a valid Certificate of Conformity (COC) from Egypt,” Onjolo said.
Onjolo further revealed that initial reluctance by the Office of the Director of Public Prosecutions (ODPP) to pursue the case was overturned by political pressure.
Meanwhile, KEBS officer Daniel Samuel Musta described an unusual directive requiring sugar testing for mercury, even for consignments with valid COCs, citing public outcry as justification.
The technical findings presented indicated that the sugar had a moisture content of 0.25%, slightly above the standard 0.2% threshold but well below the danger level of 0.85%.
Onjolo confirmed that such minor deviations posed no safety concerns, particularly for sugar intended for industrial use, such as baking.
Despite expert assurances, KEBS later labeled the sugar substandard, leading to arrests and prosecutions.
The importer, Flora Bakers Ltd, maintained the sugar was solely for baking purposes.
In 2019, the accused parties, including KRA officer Monica Waceke, Port Health official Peter Nzui Chidenge, and directors of Flora Bakers Ltd, were acquitted.
However, High Court Judge Anne Onginjo recently overturned this acquittal, ordering the accused to defend themselves.
Judge Onginjo stated that as importers and agents, they bore responsibility for ensuring proper documentation and confirming the sugar’s fitness for consumption before release.
The state alleges they released 10,000 bags of sugar without awaiting test results from government chemists, amounting to abuse of office, breach of trust, and willful neglect of statutory duties.
The court is set to deliver its final ruling on February 28, 2025.
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