A former Central Bank of Kenya (CBK) governor has urged the Court of Appeal to bar his prosecution over a Sh1.2 billion security tender.
Professor Njuguna Ndung’u has appealed against High Court judge George Odunga’s November 17, 2014 order that he be prosecuted, saying it was an abuse of the court process.
Lawyers Cecil Miller and Peter Wena, for the former central banker, said the judge erred in law and fact by allowing Director of Public Prosecutions (DPP) Keriako Tobiko and the Ethics and Anti-Corruption Commission (EACC) to prosecute him.
Mr Miller asked the appellate court to issue an order declaring that there was no sufficient evidence gathered by the EACC disclosing any criminal act committed by the former CBK governor.
The lawyer said the EACC’s recommendation that Prof Ndung’u be prosecuted for allegedly escalating the tender in 2014 to Sh1.2 billion from the initial budget of Sh800 million did not hold water because installation costs had increased since 2006.
Prof Ndung’u also said he was not a member of the tender committee which recommended that Horsebridge Networks Systems (EA) Limited be awarded the tender for the supply, installation and commissioning of the Integrated Security Management Systems (Ismis) on May 14, 2012.
Mr Miller said 58 bidders purchased the tender documents but only six responded or submitted their bids. He said Horsebridge “quoted the sum of Sh1,219,003,971.42”.
The court has heard that, prior to the execution of the tender committee’s recommendation, the EACC began investigating Prof Ndung’u and Horsebridge filed a review.
Appellate judges Alnashir Visram, Mohammed Warsame and Sankale ole Kantai however adjourned the case when it came up for hearing on Monday, saying one of them was travelling.
“This matter will be given an early hearing date by the registry,” Justice Visram directed.