Mutunga appoints judge to hear CBK boss Sh1.2b tender case

By Pamela Chepkemei                                          

Nairobi, Kenya: Chief Justice Willy Mutunga has appointed a new judge to hear a petition filed by Central Bank of Kenya Governor Njuguna Ndung’u seeking to stop his prosecution over a Sh1.2 billion tender.

The case will be handled by High Court judge George Odunga of the Judicial Review Division.

The case was filed at the Constitutional and Human Rights Division, but all the three judges assigned the case disqualified themselves a week ago.

The judge heading the Division, Isaac Lenaola, sent the file to the CJ requesting him to appoint a judge from a different division to hear the matter.

Lenaola said the judges in the division could not handle the case because of the adverse publicity it had attracted.

He forwarded the file to Mutunga to appoint a judge outside the Constitutional and Human Rights Division to hear the case.

Justice David Majanja was the first to decline to handle the matter. Judge Ngugi, who was scheduled to hear the petition yesterday, said she could not proceed because Prof Ndung’u filed the application on Friday against the Ethics and Anti-Corruption Commission.

Justice Odunga directed the parties yesterday to appear in court for the hearing on June 3.

Ndung’u is challenging a decision by Director of Public Prosecutions Keriako Tobiko giving the Ethics and Anti-Corruption Commission the go ahead to charge him over irregularities in a Sh1.2 billion security systems tender awarded to Horsebridge Limited.

He accuses the DPP of infringing on his fundamental rights.

He argues in his petition that he was not involved in the tendering process and that it was awarded by an authorised body.

Ndung’u, who became CBK Governor in 2007, argues that he is the chief executive officer and is not involved in the tendering process.

Outside jurisdiction

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

In his response to Ndung’u’s case, the DPP 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.

Tobiko says there is sufficient evidence establishing criminal culpability on Ndung’u’s part.

The DPP argues that the governor conferred a benefit to Horsebridge Limited due to his deliberate refusal to accept a unanimous and well-reasoned advice given to him by the CBK external lawyer.