High Court judge George Odunga who dismissed a plea by Prof Ndung’u to have his arrest by the Ethics and Anti-Corruption Commission (EACC) stopped, however granted him 14 days to appeal the decision.
Justice Odunga says the CBK Governor did not demonstrate how his rights have been infringed by the State over the proposed charges.
Prof Ndung’u had wanted the High Court to block his prosecution saying it was not premised on any factual basis.
“The allegations made against the petitioner are without any legal or factual foundation. The decision to arrest him therefore is capricious and unreasonable,” his lawyer, Donald Kipkorir, previously said in court.
The allegations arise from the manner in which the Sh1.2 billion tender to install security software at the CBK was awarded to Horsebridge Networks Systems East Africa Limited.