The fake fertilizer scandal came to light in early 2024 after farmers across the North Rift and other regions complained of poor germination and stunted growth.
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The case was filed in October 2025 at the Milimani Law Courts in Nairobi by Mwalimu Reuben Kigame and the Kenya National Commission on Human Rights (KNHRC).
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The Appellate Court also ruled that enactment of the NG-CDF Act of 2015 did not require the involvement of the Senate.
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Among the other clarifications given by the court, was the finding that there was currently no leadership vacuum following a second Ruling on the issue delivered in the house by speaker Wetang'ula on February 12, 2025,
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Kapkea was nominated to fill the vacant position left by the resignation of Eng John Barorot about two months ago.
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In a ruling delivered by Justices Francis Tuiyott, Ali Aroni and Lydia Achode, the Judges also directed that file be immediately placed before the President of the Court for his directions as to an urgent hearing to have it disposed
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The National Assembly intends to challenge the verdict on all the grounds cited by the Petitioners and allowed by the Court.
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Eldoret Chief Magistrate Dennis Mikoyan in March 2023 ruled that IEBC relied on a wrong list of nominated MCAs submitted by the UDA Party.
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