NAIROBI, Kenya, Jul 28 – Former Central Bank Governor Prof Njuguna Ndungu has appointed Cecil Miller to represent him in the Court of Appeal where he is challenging the decision by DPP to charge him over the award of Sh1.2 billion security tender for the bank.
Miller takes over from Donald Kipkorir who represented Prof Ndungu at the high court over the same matter.
When the case came up for hearing on Thursday before Justice Sankale Kantai, Justice Jamila Mohamed and Justice Philomena Mwilu, Miller told the court that he had just been instructed and needed time to file his submissions.
The court allowed his application for adjournment and directed he files his submissions within 10 days; DPP and EACC do so within seven days.
The bench further directed that the date for the hearing of the appeal be taken on priority basis in the month of September 2016.
Professor Ndungu moved to Court of Appeal after his application for judicial review was dismissed by the High Court.
Justice George Odunga dismissed the application challenging the criminal trial and consequently gave the EACC and DPP the green light to prosecute him.
The judge said that it’s the trial court, that is best placed to determine the allegation and that Professor Ndungu will be able to defend himself efficiently before the magistrate.
“I am therefore not convinced there is sufficient reason to stop the impending prosecution it is highly and likely that he will be accorded a fair trial,” he said.