Judges disqualify themselves from case filed by CBK governor Njuguna Ndung’u

By PAMELA CHEPKEMEI

Kenya: Three judges have disqualified themselves from a case filed by the Central Bank of Kenya Governor Njuguna  Ndung’u seeking to stop his criminal prosecution over a Sh1.2 billion security systems tender.

On Monday, High Court Judges Isaac Lenaola and Mumbi Ngugi said they could not handle the case because the judges in the Constitutional and Human Rights Division have been mentioned adversely in the media over the matter.

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.

In an urgent application, Prof Ndung’u accused EACC of contempt of court. He argues that he will not get a fair trial because of a news article in one of the dailies attributed to the commission.

“I have read the application and the implicit concerns and imputations contained in it.  I disqualify myself from dealing with the matter,’’ said Ngugi.

She directed that the matter be taken to Justice Lenaola in charge of the Constitutional and Human Rights Division, who also said he could not hear the case.

Justice Lenaola said the judges in the division could not handle the case because of the adverse publicity. He forwarded the file to Chief Justice Willy Mutunga to appoint a judge outside the Constitutional and Human Rights Division to hear the case.

Interim orders

He further extended interim orders issued on February 14 stopping EACC and the Director of Public Prosecutions (DPP) from arresting and charging Ndung’u.

“In the meantime, the wider interest of justice would dictate that the interim orders issued are extended,’’ he said.

The case will be mentioned on May 13 before Justice Lenaola.

Ndung’u is challenging a decision by the DPP, Keriako Tobiko, giving EACC the green light to charge him over irregularities in a Sh1.2 billion security systems tender.

Ndung’u accuses the DPP of infringing his fundamental rights. In the petition, he argues that he was not involved in the tender process and that an authorised body awarded the tender. Ndung’u, who became CBK Governor in 2007, argues that he is the Chief Executive Officer and is not involved in the tendering process.

He said the award of the tender to Horsebridge Ltd is outside his jurisdiction and he cannot be held culpable for it. However, the DPP says he found satisfactory evidence that Ndung’u conferred a benefit to the company that won the tender.

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.