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
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
“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
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.
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.For the latest on national news, politics, sport, entertainment and more follow us on Twitter and like our Facebook page!.