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CBK Governor Ndung'u fails to postpone corruption case

23 June 2014, 18:05 Victor Tinto

Nairobi - Central Bank Governor Prof Njuguna Ndungu’s case challenging his prosecution will proceed without further delays on Monday next week, a judge said.


High Court judge George Odunga said that the hearing of the case will proceed as required following the CBK boss’s lawyer Donald Kipkorir requesting a further hearing date saying he will be out of the country for further studies.


Despite his pleas, the judge instead asked the CBK boss to reorganize himself with his lawyer and directed that the case hearing to go on June 30, 2014.


“Article 159 of the constitution dictates that matters should be heard and finalized without delays, taking into account fairness and when a matter has conservatory orders it oughts’ to be disposed of as soon as possible, I order the hearing of this case to be on July 30,” said Justice Odunga.


Prof Ndungu seeks to stop his arrest and being charged over the alleged irregular award of Sh 1.2 billion tender to Horsebridge Networks Systems (E.A) Ltd, for the installation of a security management system at CBK headquarters and its branches.


He has sued the anti-grafts body, the Director of Public Prosecution, the Inspector General of Police and the Attorney General.


He obtained orders barring his imminent prosecution in February after filing this case and later another one in which he wanted a media house be compelled to produce its communication with the grafts body and Chief Justice Willy Mutunga which resulted to the publication of a report concerning his initial case.


And Justice Odunga dismissed that case and told him that he should have called that media house to prove that they indeed published the alleged contemptuous report.


The judge told lawyer Kipkorir that the he knows the weight of the case and the necessity to finalize on it.


“Prof Ndungu’s lawyer should reorganize his schedule so as to allow adequate hearing of this case as soon as possible; we also need to expedite this matter since Mr Kipkorir is aware of the weight of this case,” said Justice Odunga.


Ethics and Anti-Corruption Commission’s Ben Murei had earlier asked the judge not to give in to scheduling the hearing of the case on a later date as requested by Mr Kipkorir.


Mr Murei together with the Director of Public prosecution wanted the hearing date to be fixed within two weeks.


The EACC and the DPP also demanded that if the hearing date is pushed on further then the orders barring Prof Ndungu’s arrest should be lifted.


According to EACC, Prof Ndungu flouted procurement procedures in relation to the delivery, installation, testing and commissioning of the modern security system contract award.


“Investigations established that Prof Ndungu, the accounting officer at CBK willfully failed to comply with the law and attempted to confer a benefit from Horsebridge by directing that the contact be given to the said bidder notwithstanding the termination,” said Mr Alex Kinyanjui an EACC investigator.


A report detailing the investigations was forwarded to Mr Keriako Tobiko who upon evaluating the report agreed that Prof Ndungu be charged on charges directed by him.


However Mr Kipkorir claims that his arrest is high handed and unreasonable.

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Disclaimer: All articles and letters published on MyNews24 have been independently written by members of News24's community. The views of users published on News24 are therefore their own and do not necessarily represent the views of News24. News24 editors also reserve the right to edit or delete any and all comments received.

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