Drama as three judges reject CBK boss case
CBK governor Njuguna Ndung’u. The regional payments platform was on Friday last week officially launched by Central Bank governors and officials of the regional trading bloc to speed up regional integration and trade. Photo/FILE
Three judges have disqualified themselves from hearing a petition filed by Central Bank Governor Njuguna Ndung'u challenging an order by the DPP to have him arrested and prosecuted.
Justice David Majanja was the first to recuse himself.
The judge had earlier given an order stopping the Director of Public Prosecution Keriako Tobiko from prosecuting the CBK Governor until the petition he lodged in objection is heard and determined.
The file was then pushed to Lady Justice Mumbi Ngugi who had given a date for hearing of the petition as May 14.
KNOWN PERSONALLY
But before the petition was heard, Prof Ndungu filed another application seeking to cite the Ethics and Anti-Corruption Commission and the Daily Nation for contempt over coverage of alleged correspondences between the EACC and the Chief Justice touching on the matter before court.
On Monday, Lady Justice Mumbi Ngugi also disqualified herself saying she was uncomfortable with the concerns raised in the application that Prof Ndung'u filed on May 2 and pushed the file to a third judge.
The judge also vacated the date she had set for hearing and ordered the file be placed before Justice Isaac Lenaola for further direction.
When the file went before Justice Lenaola he also disqualified himself saying he knows Prof Ndungu "personally" and hearing the case may be prejudicial.
MOVED SUSPICIOUSLY
The judge then directed that the file be placed before the CJ to appoint an independent judge outside the constitutional jurisdiction to hear the matter. He set a mention for May 13 for further direction.
In a notice of motion dated May 5, Prof Ndung'u said he learnt that the Daily Nation had published a story titled Graft team protests over CBK boss case and quoted correspondence between the CJ and the EACC.
He said he has been frustrated by the commission in getting the said correspondence.
"The said correspondence is material to determine whether my rights as a petitioner have been compromised...My lawyer on record Mr Donald Kipkorir has advised me that the upshot of the said publication in ordinary meaning is understood to mean that the file was moved from Lady Justice Mumbi Ngugi to Justice David Majanja suspiciously," he said in an affidavit.
According to Prof Ndung'u, the commission was uncomfortable with the matter being handled by Lady Justice Mumbi Ngugi and Justice Majanja.
