CBK Governor’s fraud case adjourned to May

By Pamela Chepkemei

Nairobi, Kenya: Central Bank of Kenya Governor Prof Njuguna Ndung’u has been given seven days by a court to file an additional affidavit in a petition he has lodged seeking to stop his prosecution over a Sh1.2 billion tender.

Nairobi resident Judge Mumbi Ngugi issued the directions after Ndung’us lawyers asked for more time to file the document during the mention of the case Wednesday.

The Governor is represented by lawyers Donald Kipkorir and Cecil Miller who sought more time to prepare the documents.

Prof Ndung’u will also file his written submissions and serve them with the additional affidavit on the Director of Public Prosecutions, and the Ethics andante Corruption Commission who have been named as respondents in the case.

Justice Ngugi further directed the DPP and EACC to respond to the Governor’s affidavit within seven days.

The judge ordered the parties to appear for hearing on May 14. She extended orders stopping EACC and DPP from prosecuting the Governor pending the determination of his petition.

Prof Ndung’u 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.

Prof Ndung’u accuses the DPP of infringing his fundamental rights. He argues in the petition that he was not involved in the tender process and that the tender was awarded by an authorised body. Ndung'u, who became central bank governor in 2007, argues that he is the Chief Executive Officer and is not involved in the tendering process.

The Governor maintains that the award of the tender to Horsebridge Ltd is outside his jurisdiction and he cannot be held culpable for it.

But the DPP in  response to Prof Ndung’us  case says that  he  sanctioned the  prosecution  of the  Governor  because he found satisfactory   evidence  that  he conferred  a benefit  to a company  that  won Sh1.2 billion  security systems tender.

Prof  Ndung’u says the  contract  was awarded to Horsbridge Ltd  after the Public  Procurement  and Administrative Review Board  ordered  that it should  be awarded  in October 2012.

Tobiko says that there is sufficient evidence establishing criminal culpability on Prof Ndung'us part.

The DPP argues that the Governor conferred a benefit to Horsebridge Ltd due to deliberate refusal by Prof Ndung'u to accept a unanimous and well reasoned advise given to him by the CBK external lawyer.

EACC in response, accuses Prof Ndung'u of ignoring in house legal advise and the counsel engaged by CBK recommending an appeal against the decision by the Public Procurement Administrative Board.

The Commission argues that the investigations conducted established that the Governor, as the accounting officer of CBK, wilfully failed to comply with the law on procurement procedures.