CBK governor, anti-graft body clash over newspaper leak

The Ethics and Anti-Corruption Commission (EACC) has accused Central Bank governor Njuguna Ndung’u of seeking to delay a corruption case against him.

Responding to a suit in which Prof. Ndung’u has sued State agencies over a media report on April 23, EACC’s acting deputy director of corporate communication Yassin Aila said Prof Ndung’u had not presented any evidence to show that the anti-graft watchdog leaked the information contained in the report.

“The EACC is not the source of the story published on April 23 and no evidence has been produced to demonstrate that any of our officers was the source of the said article or was responsible in any way,” Mr Aila says in court documents.

The report suggested that EACC was not happy with the way the case file had been moved from one judge to another. Prof Ndungu has sued EACC, the director of public prosecutions, the inspector-general of police and the attorney- general over the report.

“This case is an afterthought intended to delay and procrastinate expeditious finishing of the case challenging Prof Ndungu’s prosecution,” said lawyer Fredrick Ashimosi for the DPP.

He argued that the documents related to the case were public and could be accessed by anyone from the court file at the registry.

Mr Ashimosi said the media house that reported the developments had not been named as a party to the suit and that Prof Ndungu had not shown how his rights were violated by the publication.

Prof Ndungu obtained temporary orders barring his arrest, pending the determination of another case in which he is challenging claims that he was involved in the irregular award of a Sh1.2 billion tender to install a modern security system at CBK. 

“EACC’s officers are barred by Section 33 of the Anti-Corruption and Economic Crimes Act from exposing information relating to ongoing investigations unless lawfully authorised,” said EACC.

Prof Ndungu wants EACC compelled to produce documents relating to communication with the Chief Justice prior to the publication of the report and copies used to make that report.

He is also asking the court to allow him to sue the EACC and the media house that published the report.

He is accusing the EACC of communicating with the CJ over the file transfer and later on providing the media with the information that was published, an act in contempt of the court that was handling the matter.

He also claims that the report jeopardised his right to a fair hearing in the case in which he is challenging his prosecution.

High Court judge George Odunga will rule on whether he will grant Prof Ndungu his demands on June 10.The ruling will determine how the case challenging his prosecution will proceed.

The DPP had in January issued a directive that Prof Ndung’u be prosecuted for irregularities in the tender award, which EACC blamed on the governor.

According to EACC, Prof Ndung’u directed the awarding of the tender to Horsebridge Network Systems East Africa Limited against the advice of the tender committee.

On February 12, Justice David Majanja issued temporary orders stopping Prof Ndungu’s imminent arrest.