Central Bank of Kenya Governor Prof Njuguna Ndungu who has launched an appeal at the court of appeal against the judgment that was delivered by High Court judge George Odunga who ruled that the Governor should be tried at the trial court in a case where he is alleged to have been involved in malpractice.
BY SAM ALFAN.
CBK Governor Njuguna Ndungu has launched an appeal at the court of appeal through his lawyer Donald Kipkor against the judgment that was delivered by High Court judge George Odunga who ruled that the Governor should be tried at the trial court in a case where he is alleged to have been involved in malpractice.
Njuguna argues that the verdict was not based on law because he should not be prosecuted on nonexistent crimes.
That the alleged malpractices in a security tender process between Horse Bridge Company and CBK are nonexistent and that the tendering followed the law as far as Public Procurement Administrative Board is concerned.
He further says Odunga’s verdict was flawed as it contradicted another judgment in the same court that found the tendering process to be lawful.
He therefore wants the whole judgment nullified by the Court of appeal.CBK governor is challenging a decision by the DPP, Keriako Tobiko giving EACC the go ahead to charge him over irregularities in a Sh1.2 billion security systems tender.
High Court dismissed a petition by Central Bank governor Njuguna Ndung’u seeking to halt his arrest over alleged irregularities in the award of a Sh1.2 billion security tender to a UK-owned firm.
Justice George Odunga on Monday last week ruled that Prof Ndung’u failed to prove to the court the infringement by the anti-corruption watchdog and the Director of Public Prosecutions committed by ordering his arrest.
The Ethics and Anti-Corruption Commission had accused Prof Ndung’u of influencing the Public Procurement Oversight Authority to award the tender to Horsebridge, a UK firm with a local presence.
The Sh1.2 billion deal was to see Horsebridge install and maintain a new security surveillance system for the CBK.
Justice Odunga said that the matter would best be dealt with by the trial court, paving the way for his possible arrest and prosecution.
“It is the trial court that is best placed to evaluate the evidence against the governor and so make a determination. The governor failed to demonstrate to the court the violation caused by the office of Ethics and Anti- corruption Commission and the office of the DPP,” said Justice Odunga.
Justice Weldon Korir ordered CBK to award Horsebridge the deal in September, arguing that EACC had failed to provide progress of its investigations into the deal that saw it push for Prof Njuguna’s arrest.
The judge had given EACC the 45 days it had requested to complete investigations into Prof Ndung’u, but failed to furnish its progress report before court.
EACC moved to the Court of Appeal to contest Justice Korir’s decision, and the case is still ongoing.
Justice Odunga agreed with the anti-corruption body’s argument that Prof Ndung’u ignored advice from CBK’s lawyers in influencing the procurement body to award Horsebridge the tender.
“The governor ignored the advice given to him by officials from the bank over the award of the tender. He acted alone and that is why the office of the DPP had preferred criminal charge of abuse of office,” added Justice Odunga.
His lawyer Donald Kipkorir stamped his threat today to challenge justice Odunga ruling in the court of appeal as he had said after the ruling.