, NAIROBI, Kenya, Nov 25 – Central Bank Governor Njuguna Ndung’u has filed an appeal to challenge a decision allowing his prosecution over the controversial award of a Sh1.2 billion security tender to Horsebrige Company Limited.
The CBK boss in an urgent application to the Court of Appeal seeks to temporarily suspend the execution of the judgment delivered by Justice Odunga, which allows the Ethics and Anti-Corruption Commission and Director of Public Prosecutions to prefer criminal charges against him regarding the tender award.
Lawyer Donald Kipkorir argues that the judge erred in law in arriving at the decision charge Ndung’u over matter that had been conclude by the procurement entity.
The lawyer contends that there is no existence of crime committed by the appellant, given that contract which was the subject matter has already been signed.
Kipkorir says they will be asking the Appellate Court to set aside the decree and the orders issued by Justice Odunga.
“The judgment in its entirety is erroneous as it lacks sub strum,” the lawyer says.
Kipkorir submits that the judge allowed the appellant to be prosecuted on charges that lack legal and factual basis in law.
Justice Odunga dismissed the application for judicial review on grounds that the CBK Governor failed to demonstrate to the court the violation caused by the office of Ethics and Anti-Corruption Commission and the office of the DPP.
The judge further ruled that the trial court was best placed to evaluate the evidence against the CBK Governor and make a determination.
Justice Odunga found that the DPP had preferred criminal charge of abuse of office against the CBK Governor because he ignored the advice given to him by officials from the bank over the award of the tender and acted alone.
The court however gave the CBK boss 14 days to appeal the ruling.