The National Cereals and Produce Board has filed a claim against
Precious Trees Ltd, the owners of MV Fonarun Naree, which it contracted
to carry the imported maize.
The board, through its lawyer, Mr Alfred Mabeya, argued that the maize had been declared unfit for human consumption.
The maize has been ordered released as animal feed or taken back to South Africa, Mr Mabeya noted.
Storage charges
The board now wants Precious Trees Ltd to give an undertaking over the
storage charges of the 6,350 tonnes of maize currently accumulating at
the Grain Bulk Handlers Ltd silos, where the maize has been lying since
last year.
The Bangkok registered vessel has given security of Sh276 million,
which was to cover the cost of the maize, after it allegedly got spoilt
while on board.
During the mention of the case on Friday before Mr Justice Joseph
Sergon, Mr Ayub Muhuni, who is acting for the vessel owners, said it
would be in order to preserve the maize, adding that his clients were
not willing to take possession of the cargo.
The maize should be preserved pending the hearing of the application, he said.
Mr Mabeya opposed the extension of the orders of preservation, saying they lapsed on February 11.
On Wednesday, Public Health minister Beth Mugo ordered that the maize
be sent back to South Africa after tests by the Government Chemist
showed that there was a high content of aluminium.
The Kenya Bureau of Standards also condemned the consignment, and
according to Mr John Abong', the director of inspection, the cargo was
spoilt after a dust explosion occurred in one of the consignments
during fumigation.
Earlier, Mr Abong' said the maize was found to contain high moisture
content, which was not in compliance with required standards.