14 suspects, including businessmen, truck drivers, Uber drivers, and hardware owners, were granted Sh 200,000 cash bail each after their arrest over their involvement in distributing fake cement.
The suspects, detained following a multi-agency operation, were linked to the sale of substandard cement, which is believed to have contributed to multiple building collapses across the country.
Despite the gravity of the allegations, Milimani Magistrate Dolphina Alego ruled that the suspects should be released on bail pending the completion of ongoing investigations.
Magistrate Alego rejected the request by the Director of Criminal Investigations (DCI), Amin Mohamed, to continue detaining the suspects for an additional 30 days at Capitol Hill police station.
She emphasized that while the accusations were serious, the right to liberty was enshrined in the law, and the prosecution had failed to provide sufficient evidence to justify the extended detention.
“While the court understands the gravity of the allegations, the right to bail is enshrined in law, and the prosecution has not provided sufficient evidence to justify denying bail,” Alego said in her ruling.
She also stressed that the nature of the suspects and the existing evidence did not warrant their continued detention.
The suspects, arrested on December 20, 2024, were allegedly involved in the distribution of fake cement.
According to DCI Detective Sergeant Samuel Itegi, the investigation was prompted by rising concerns over building collapses linked to poor-quality cement.
“There have been numerous 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 incidents,” Itegi stated in court.
The DCI revealed that the suspects, after purchasing cement from legitimate factories, adulterated the product by adding Pozzolanic dust, a known adulterant.
his practice, aimed at increasing the weight of the cement to maximize profits, compromised its quality and violated industry standards.
“The multi-agency team found out that unscrupulous businessmen, after purchasing cement from legitimate factories, adulterate it by interfering with the bag weights before selling,” Itegi explained.
“They add Pozzolanic dust to enhance the quantities and earn more profit, but the net effect is that they interfere with the approved industry ratios, compromising the cement’s quality.”
The DCI has seized several bags of cement from the suspects, which have been sent to the Kenya Bureau of Standards (KEBS) for forensic analysis.
However, due to the technical nature of the testing, it may take up to 30 days to determine the cement’s exact quality.
“Analysis is technical because of the laid-down industry procedures involved in coming up with the report, since cement matures in 28 days to provide accurate test results. The technical team will require at least 30 days to finalize,” Itegi noted.
The prosecution expressed concerns about the release of the suspects, fearing that it could lead to interference with the investigation.
They suggested that some of the counterfeit cement may have crossed into neighboring countries, and releasing the suspects could obstruct efforts to uncover the full scope of the operation.
“Our investigations suggest that this counterfeit cement could have crossed into neighboring countries, and we need to ensure the suspects do not obstruct our efforts to uncover the full extent of the operation,” Itegi added.
On the other hand, the suspects, represented by lawyer Danstan Omari, strongly opposed the application to deny bail. Omari argued that his clients were not a flight risk and were willing to cooperate with the investigation.
He also highlighted the timing of the case, with the Christmas holiday approaching. “These individuals have fixed addresses and are committed to cooperating with the ongoing investigation.
Denying them bail would be unfair, especially during this holiday season when they wish to be with their families,” Omari said in court.
The suspects were granted bail of Sh 200,000 each and required to report to the Capitol Hill Police Station once a week, pending the conclusion of the investigations.
