Court stops prosecution of former Central Bank boss Njuguna Ndung’u

The Court of Appeal has stopped arrest and prosecution of former Central Bank Governor Njuguna Ndung’u over alleged irregular award of a Sh1.2 billion security tender.

Appellate judge Patrick Kiage issued the temporary orders against Prof Ndung’u’s imminent prosecution. The former CBK boss moved to the higher court to challenge his arrest and prosecution.

High Court judge George Odunga had last year dismissed Prof Ndung’u’s claims that his impending criminal trial is an abuse of the court process and that he needed to be stopped.

“It is proper for the applicant to seek reprieve, he has a right to be heard at a higher court,” said Justice Kiage.

Justice Odunga had ruled a trial court would be better placed to hear the case, where the accused stood a better chance to defend himself.

“I am therefore not convinced that there is sufficient reason to stop the impeding prosecution. It is highly unlikely that he will be accorded an unfair trial,” Justice Odunga had said.

However, the judge said it was difficult for him to determine whether Prof Ndungu was guilty or not.

He is accused of rejecting the advice of internal and external legal teams.

He is also said to have ignored errors detected by his deputy over the award of the tender to UK-based IT company, Horsebridge Networks Systems (EA) Ltd.

But his lawyer Donald Kipkorir on Friday told the court that Justice Odunga erred in allowing Prof Ndungu’s prosecution “over non-existent crimes”.

According to the Ethics and Anti-Corruption Commission, Prof Ndungu allegedly flouting procurement procedures in the award of the tender.