High Court judge justice Weldon Korir.
By SAM ALFAN..
Ethics and Anti-Corruption Commission (EACC) has been ordered to submit the status of a probeon Central Bank of Kenya (CBK) governor Njuguna Ndung’u in a Sh1.2 billion security tender.
High court was told on the Wednesday morning that Central Bank of Kenya requires revamping its surveillance systems.
CBK Governor Lawyer Waweru Gatonye made the submission to High Court judge Weldon Korir in a case in which technology firm Horse bridge moved to court, seeking orders to compel CBK to award it a 1.2 billion shillings security system tender. In the suit, the firm argues that CBK has declined to award it the tender despite the counsel of the public procurement oversight authority to do so.
The tender was stopped after the Director of Public Prosecutions and Ethics and Anti-Corruption Commission recommended CBK boss Prof. Njuguna Ndungu to be charged.
CBK governor Prof Ndung’u has been the subject of an investigation by the EACC since March last year after they received information that there were irregularities in the award of a Sh1.2 billion tender to Horse Bridge Network Systems, an information technology firm.
“It’s not impossible the Director of Public Prosecution and Ethics and Anti-Corruption Commission (EACC) could not be furthering private interest in the guys of public interest” said lawyer Waweru Gatonye .
High Court judge justice Weldon Korir on Wednesday issued the orders in a suit in which Horse bridge is seeking to have the CBK compelled to award them a tender to install a modern security system.
“The matter will be mentioned on Monday. EACC is to provide the status of investigations, including where they have reached. I will give a judgment date afterwards,” said the judge.
CBK had through its lawyer Waweru Gatonye questioned why the investigations had taken long to conclude during its final arguments, prompting the judge to issue the orders.
“One or more of the bidders is the one that provided the intelligence to EACC and it is upon this investigation was initiated. It is not impossible to speculate that EACC and the DPP are being used to further personal interest in the guise of public interest,” he said.
Orad Limited, Azicon Kenya Limited, Engineered Systems Solutions, Indra Limited and AuaIndustria had also bid for the tender.
Horsebridge echoed Mr Gatonye’s sentiments by saying they recorded statements with the EACC in March last year, and were yet to get feedback.
“There has been no indication that Horsebridge will be charged. The other bidders cannot now delay the process because of pending investigations,” said Mr. Andrew Wandabwa who is representing the IT firm.
Mr. Wandabwa further questioned why the other bidders had not been investigated as they were the ones that gave the EACC the basis for the inquest into the tender award process.
The IT firm moved to court in March claiming that CBK had declined to award them the tender despite being advised to do the sameby the Public Procurement Oversight Authority.
The dispute between Horsebridge arose as Prof Ndung’u was entangled in another suit seeking to stop orders from the Director of Public Prosecutions to arrest him over alleged irregularities in the award of the same tender.
EACC defended itself saying it was only fair that it was accorded time to finalize the investigations to ensure no corruption or economic crime was committed in the tender award process.
“There is no evidence that due diligence has been carried out and person who was to oversee due diligence in the process has moved to the High Court to restrain the DPP from charging him,” said Mr. Ruto.