Judge George Odunga declined to grant the order sought by Ndung’u on grounds that he failed to prove that the information he sought was held by the anti-graft body.
According to the judge, the CBK governor also failed to adduce evidence that the said correspondence was the source of a cover story by a national newspaper on April 23.
As a result, the judge directed all parties to appear before him on June 23 when the hearing date will be determined.
“There is no evidence to show the publication was done at the behest of the respondent. The petitioner has also failed to show that the information he is seeking is held by the EACC,” he ruled.
Ndung’u, through his lawyer Donald Kipkorir, had sought orders to compel the EACC to produce all information shared between it and the CJ in a bid to stop his imminent prosecution.
EACC has since denied exchanging any correspondence with the head of the Judiciary claiming that it is statutorily barred under section 33 of the Anti Corruption and Economic Crimes Act (2003) from divulging information relating to ongoing investigations unless lawfully authorised.
Ndung’u wanted to be furnished with the said correspondence to know whether his fundamental rights had been violated.