NAIROBI, Kenya, Mar 13 – The decision to charge Central Bank of Kenya (CBK) Governor Njuguna Ndungu with abuse of office is proper, according to the Director of Public Prosecutions Keriako Tobiko.
Tobiko, through State Counsel Daniel Karuri said the decision was made after the Ethics and Anti-Corruption Commission (EACC) established criminal culpability on Ndungu’s part in the irregular award of the tender of an integrated security system to Horsebridge Network Ltd.
The DPP said he was satisfied that Ndung’u improperly and unlawfully conferred a benefit to Horsebridge Network Ltd, quoting Section 46 of the Anti- corruption and Economic Crimes Act.
The DPP insists that the decision to charge Ndung’u was based solely on sufficient evidence and was not actuated by any other extraneous considerations.
Tobiko was responding to a case in which Ndung’u is seeking orders to permanently prohibit the DPP from charging him with wilful failure to comply with the law relating to procurement procedures in relation to the delivery, installations, testing and commissioning of an integrated security management system, for the CBK.
The EACC has opposed Ndungu’s suit on grounds that while aware of termination of the tender, he wilfully failed to communicate the same to the Public Procurement Appeals Review Board and ignored legal advice from the in-house legal counsel recommending against the decision of the PPARB.
“Failure by the CBK Governor to appeal the ruling of the Public Procurement Appeals and Review Board , Horsebridge Ltd has in its favour an award by PPARB which is final and binding on the parties.”
EACC adds: “The benefit now accruing to Horsebridge Ltd was conferred upon it by the wilful and deliberate refusal by the petitioner to accept the unanimous and well reasoned advice given to the petitioner by CBK external lawyers.”
The anti- graft body accuses Ndung’u of using the Constitutional Court to subvert the criminal process and urged the court to find that the proceedings lodged in court are incompetent.
Investigating officer Alex Kinyanjui states that granting of orders sought by Ndung’u will be tantamount to fettering the EACC in execution of its statutory mandate.