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CBK boss Ndung'u weighed down by corruption charges

05 May 2014, 13:12

Nairobi - Embattled Central Bank Governor moved to court to protest over recent media reports touching on his prosecution case file moving from one High Court judge to another.

Prof Njuguna Ndung’u claims the reports were contemptuous and fears that he may be prejudiced in his bid to fight his prosecution 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.

Through his lawyer Donald Kipkorir, he blames the Ethics and Anti-Corruption Commission (EACC) for providing the information to the media for publication without his knowledge yet the matter is being dealt with at the High Court.

He now wants EACC ordered to produce copies of the communication exchanged with the Chief Justice with regards to that case as alleged in the media reports and the material determined on whether his rights were comprised through the published reports.

He has also threatened to institute contempt proceedings against those who published the alleged contemptuous report.

He alleges that the said publication was intended to and has undermined his rights by giving false and misleading information on both the material tender, the pleadings filed in court and what transpired on the day when the case file was moved from Lady Justice Mumbi Ngugi to Justice David Majanja.

“To enable me institute contempt proceedings against both the EACC and those who published the reports, I instructed my lawyer to get copies of material communication referred to in the publication, it is only full and complete disclosure of the communication exchanged that will enable me to enforce my rights,” said Prof Ndung’u in court documents.

According Prof Ndung’u, the report indicated that the transfer of file was suspicious, abrupt besides the decision being made last minute and he ought not to have been granted any orders to stop his impeding prosecution.

Prof Ndung’u also alleges that the report published on April 23, indicated that the EACC is only comfortable with Lady Justice Ngugi in handling the case and not Justice Majanja and as a matter he ought not to have handled the case on the day the file landed before him.

“On the advice of my lawyer, I verily believe that the said publication amounts to contempt of court as the words in their plain and ordinary meaning are likely to interfere with the fair determination of justice in this case as it has prejudged the issues herein and has made conclusions on the integrity of the two judges that have handled it,” Prof Ndung’u said.

Justice George Odunga certified the matter as urgent and directed that the EACC, the Director of Public Prosecution, the Inspector General of Police and the Attorney General be notified of the latest development before further directions on Monday before judge Ngugi.

The CBK boss who denies any direct involvement in the tender award, argues that he should not be arrested or charged with any corruption allegation and first secured orders halting his prosecution on February 14 by Justice David Majanja and later by judge Ngugi pending the full hearing and determination of the case.

EACC however claim that they have filed papers at the High Court explaining why Prof Ndung’u should be arrested and charged with abuse of office.

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- News24

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