Kenya: Central Bank of Kenya (CBK) Governor Njuguna Ndung'u has appealed against a decision by the High Court sanctioning his arrest and prosecution over alleged irregular award of Sh1.2 million tender.

In his notice of appeal, the governor argues that the High Court erred in allowing the Director of Public Prosecutions (DPP) to have him arrested and prosecuted on charges that lacked legal and factual basis, as the procurement process had already been completed.

"The judgment is bad as it criminalises a process that the same court had found lawful. The judge violated every known principle of evidence," submitted the governor through lawyer Donald Kipkorir.

Prof Ndung'u wants the Court of Appeal to set aside the orders issued by the High Court on November 17, which had allowed the DPP to arrest and prosecute him over award of the tender to Horsebridge Networks Systems (EA) Ltd.

In his verdict, High Court judge George Odunga had sanctioned Ndung'u's arrest, arguing that the court must strike a balance between suspect's right to fair trial and public interest in the matter.

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He observed the defence had submitted in court that Ndung'u had refused to accept well researched information by his deputy and CBK tender committee, but instead went ahead to grant the tender to the company. "The decision to charge the governor alone without others is not discriminatory," said Odunga.

The DPP and Ethics and Anti-Corruption Commission had argued that the governor failed to comply with the law when issuing contract in disregard to the public procurement procedure.

In his verdict, the judge said the application by Ndung'u did not meet the threshold to bar DPP from charging him.

"I am not satisfied that the constitutional right of the governor has been infringed or risks being infringed. This petition has no merit and therefore it fails," he said.

The judge however restrained the Inspector General of Police, DPP and EACC from arresting the governor for 14 days after his lawyer applied in court to have the judgment stayed to enable his client file an appeal.