Central Bank of Kenya Lawyer Waweru Gatonye opposing application for stay Milimani law court after directed CBK to immediately proceed with the signing of the Sh 1.2 billion security system installation tender awarded to Horsebridge Networks Ltd.
BY SAM ALFAN
High Court has absolved the Central Bank of Kenya governor Prof Njuguna Ndung’u of wrongdoing in the award of the Sh 1.2 billion securities tender and directed the bank to immediately finalize it.
The Court directed CBK to immediately proceed with the signing of the Sh 1.2 billion security system installation tender awarded to Horsebridge Networks Ltd.
However, the judge stayed his decision for the said period after the (EACC) lawyer made an oral applicatication seeking to stay to allow Ethics and Anti-Corruption Commission (EACC) which has since been dissatisfied with the tender award to lodge an appeal.
“Since this matter involves public funds, a stay for a period of 30 days will do no harm to the applicant and CBK,’’ Korir ruled.
The lawyer was directed to file the appeal application at the court of appeal with the 30 days he was given by the court to persue his appeal against high court decision that gave green light to CBK proceed with the signing of the Sh1.2 billion security system installation tender with Horsebridge Networks Limited.
.The judge ordered the CBK to formalize the contract after it emerged during the hearing that it was in process of implementing the decision of the review board but only failed to do so upon learning of the investigations by the EACC.
Before the judge could reach his determination EACC was given 45 days to conclude its investigations but the fruits of the exercise according to the judge are yet to been seen.“We cannot speculate on why investigations have not been concluded.”
The tender awarded to Horsebridge Limited is set to revamp the security surveillance system at the Central Bank and according to EACC, it needed more time to investigate the conduct of Horse bridge Network Ltd during the tendering process.
Two unsuccessful bidders namely ORAD and Indra Systems participated in the tendering process but lost to Horsebridge.
The office of the Director of Public Prosecutions (DPP) has questioned the security tender and claims it would cost the tax-payer an extra Sh400 million as it was not the lowest bid.
In the evaluation process Horsebridge emerged the lowest bidder having quoted Sh1.2 billion.
The DPP had recommended that Governor Njuguna Ndung’u be prosecuted for abuse of office saying that based on the evidence; he improperly and unlawfully conferred a benefit to Horsebridge Network System EA Limited.
But Ndung’u, who has since obtained temporarily orders stopping his prosecution, insists that he was not in any way involved in the tender process as set out.