In a constitutional petition filed against the Ethics and Anti-Corruption Commission (EACC), the Inspector General of Police and the Attorney General, the CBK Governor through lawyer Donald Kipkorir wants the Director of Public Prosecutions barred from charging him with any corruption related offences.
“The allegations made against the petitioner are without any legal or factual foundation. The decision to arrest him therefore is capricious and unreasonable,” the petition reads.
Justice Mumbi Ngugi certified as urgent the application for interim orders blocking his arrest and arraignment in court.
The case will be heard on Friday.
The Director of Public Prosecutions has written to the Ethics and Anti-Corruption Commission stating that he had ordered the arrest and prosecution of Ndung’u for abuse of office.
The alleged abuse of office is in connection with a Sh1.2 billion security systems tender awarded to Horsebridge Networks and which the office of the DPP says cost the tax-payer an extra Sh400 million as it was not the lowest bid.
Ndung’u has denied these allegations in his petition arguing that his office, as per procurement law, was not involved in the tendering process.
“The awarding of tenders is outside the jurisdiction of the petitioner and he cannot be held culpable for it. The decision to award the tender to Horsebridge was made by the Public Procurement and Administrative Review Board,” the petition reads.
The tender committee however accused Ndung’u of interfering in the process and imposing Horsebridge Networks Systems East Africa Limited on them.