Politics and policy
By MAUREEN KAKAH, mkakah@ke.nationmedia.com
In Summary
- Prof Ndungu has sued EACC, the director of public prosecutions, the inspector-general of police and the attorney- general over a media report.
- He wants EACC compelled to produce documents relating to communication with the Chief Justice prior to the publication of the report and copies used to make that report.
- Prof Ndungu is also asking the court to allow him to sue the EACC and the media house that published the report.
The Ethics and Anti-Corruption Commission (EACC)
has accused Central Bank governor Njuguna Ndung’u of seeking to delay a
corruption case against him.
Responding to a suit in which Prof. Ndung’u has
sued State agencies over a media report on April 23, EACC’s acting
deputy director of corporate communication Yassin Aila said Prof Ndung’u
had not presented any evidence to show that the anti-graft watchdog
leaked the information contained in the report.
“The EACC is not the source of the story published
on April 23 and no evidence has been produced to demonstrate that any
of our officers was the source of the said article or was responsible
in any way,” Mr Aila says in court documents.
The report suggested that EACC was not happy with
the way the case file had been moved from one judge to another. Prof
Ndungu has sued EACC, the director of public prosecutions, the
inspector-general of police and the attorney- general over the report.
“This case is an afterthought intended to delay
and procrastinate expeditious finishing of the case challenging Prof
Ndungu’s prosecution,” said lawyer Fredrick Ashimosi for the DPP.
He argued that the documents related to the case
were public and could be accessed by anyone from the court file at the
registry.
Mr Ashimosi said the media house that reported the
developments had not been named as a party to the suit and that Prof
Ndungu had not shown how his rights were violated by the publication.
Prof Ndungu obtained temporary orders barring his arrest,
pending the determination of another case in which he is challenging
claims that he was involved in the irregular award of a Sh1.2 billion
tender to install a modern security system at CBK.
“EACC’s officers are barred by Section 33 of the
Anti-Corruption and Economic Crimes Act from exposing information
relating to ongoing investigations unless lawfully authorised,” said
EACC.
Prof Ndungu wants EACC compelled to produce
documents relating to communication with the Chief Justice prior to the
publication of the report and copies used to make that report.
He is also asking the court to allow him to sue the EACC and the media house that published the report.
He is accusing the EACC of communicating with the
CJ over the file transfer and later on providing the media with the
information that was published, an act in contempt of the court that was
handling the matter.
He also claims that the report jeopardised his right to a fair hearing in the case in which he is challenging his prosecution.
High Court judge George Odunga will rule on
whether he will grant Prof Ndungu his demands on June 10.The ruling will
determine how the case challenging his prosecution will proceed.
The DPP had in January issued a directive that
Prof Ndung’u be prosecuted for irregularities in the tender award,
which EACC blamed on the governor.
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