Economy

Court allows case against CBK boss arrest to go ahead

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Prof Njuguna Ndung'u, the CBK governor. Photo/FILE

A case in which Central Bank governor Njuguna Ndung’u is objecting to his prosecution over corruption is set to go ahead after the High Court dismissed his application for correspondence between the Chief Justice and the ethics body.

Justice George Odunga dismissed the application after finding that Prof Ndung’u did not prove that the documents sought were in the custody of the Ethics and Anti-Corruption Commission.

“For the foregoing reason, I don’t see any merit in this application. It is dismissed with cost to the respondents,” ordered Justice Odunga.

Prof Ndung’u filed an application in court seeking to compel EACC to give him copies of its correspondence with Chief Justice Willy Mutunga, which had been cited in a Daily Nation article on April 23.

The newspaper report suggested that EACC was not happy with the way the case file had been moved from one judge to another.

The judge said that the right to access information held by a State organ was predicated on the applicant proving that the information was in the custody of the said agency.

The judge said there was no evidence that EACC was the source of the information sought and that Prof Ndung’u did not make effort to enjoin the newspaper.

READ: CBK governor, anti-graft body clash over newspaper leak

Prof Ndung’u did not also seek information from Dr Mutunga who he listed as a party to the correspondence.

Justice Odunga directed Attorney General to file his submission in seven days and the parties to return to court on June 23 to take a hearing date, noting that the matter needed to be determined expeditiously.

“Let AG (Attorney General) file and serve submission within seven days. I am alive to the fact that CJ (Chief Justice) directed this matter to be determined expeditiously.”

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 award of the tender to Horsebridge Network Systems East Africa Limited against the advice of the tender committee.

Lawyers representing Prof Ndung’u told the court they would seek the governor’s instruction, suggesting that they might apply for the documents afresh.

“We need to explore further, and seek the opinion of our client if we need to enjoin the Chief Justice and the newspaper,” said lawyer Donald Kipkorir.