CBK boss fails to block arrest over tender award

The High Court has thrown out a petition by Central Bank governor Njuguna Ndung’u seeking to block his arrest over alleged irregularities in the award of a Sh1.2 billion security tender to a UK-owned firm.

Justice George Odunga Monday ruled that Prof Ndung’u failed to prove to the court the infringement the anti-corruption watchdog and the Director of Public Prosecutions committed by ordering his arrest.

The Ethics and Anti-Corruption Commission had accused Prof Ndung’u of influencing the Public Procurement Oversight Authority to award the tender to Horsebridge, a UK firm with a local presence.

The Sh1.2 billion deal was to see Horsebridge install and maintain a new security surveillance system for the CBK. Justice Odunga said the matter would best be dealt with by the trial court, paving the way for his possible arrest and prosecution.

“It is the trial court that is best-placed to evaluate the evidence against the governor and so make a determination. The governor failed to demonstrate the violation caused by the Ethics and Anti-corruption Commission and the office of the DPP,” said Justice Odunga.

Monday’s ruling adds a new twist to the matter, following a ruling by another High Court judge which gave a clean bill of health to Horsebridge’s tender award.

READ: Court okays Sh1.2bn CBK security surveillance deal

Justice Weldon Korir ordered CBK to award Horsebridge the deal in September, arguing that EACC had failed to provide progress of its investigations into the deal that saw it push for Prof Ndung’u’s arrest.

The judge had given EACC the 45 days it had requested to complete investigations into Prof Ndung’u, but failed to produce its progress report before the court.

EACC moved to the Court of Appeal to contest Justice Korir’s decision, and the case is still ongoing. Mr Justice Odunga granted Prof Ndung’u 14 days to appeal after his lawyer Donald Kipkorir applied for stay orders.