Former Governor of Central Bank of Kenya
(CBK) Prof Njuguna Ndung’u has urged the Court of Appeal to bar his
prosecution over the Sh1.2 billion tender to install a modern security
system at the regulator.
Prof Ndung’u, who retired in
February 2015, is appealing against a High Court order by Justice
George Odunga in November 2014 for his prosecution on abuse of office.
Lawyers
Cecil Miller and Peter Wena for the former governor says the judge
erred in law and fact by allowing the director of public prosecutions
(DPP) Keriako Tobiko and the Ethics and Anti-Corruption Commission
(EACC) to commence the trial against their client.
Troubles
Mr Miller
is asking the court to issue an order declaring that there is no
sufficient evidence gathered by EACC to press criminal charges against
the former governor.
Prof Ndung’u troubles are linked
to the award of the Sh1.2 billion tender Horsebridge Networks Systems EA
Limited for the installation of an integrated security management
system at CBK headquarters and its branches.
The anti-graft agency says Prof Ndung’u authorised the award of the tender contrary to the law.
It also holds the contract was Sh400 million above budget.
Mr Mille
says recommendation by the EACC that Prof Ndung’u be prosecuted for
allegedly escalating the tender from the initial budget of Sh800 million
does not hold water since installation costs have increased since 2006
to 2014.
Evaluation process
The
former central bank chief in his appeal says he was not a member of the
tender committee which recommended Horsebridge be awarded the tender on
May 14 2012.
Mr Miller says that 58 bidders purchased the tender documents, but only six of them responded or submitted their bids.
“
During the tender evaluation process by the CBK tender commitee, which
Prof Ndung’u was not a member picked Horsebridge Networks Systems (EA)
as the lowest bidder having quoted the sum of Sh1,219,003,971.42,” Mr
Miller says in the evidence he has filed at the Court of Appeal.
Another suit
The
court has been told that before the execution of the recommendation of
the tender committee the EACC begun to investigate Prof Ndung’u.
This came as Horsebridge also filed a petition at the procurement court pushing for award of the tender.
Another
suit was filed at the High Court where Justice Weldon Korir
ordered Prof Ndung’u to implement the decision of the committee.
Prof
Ndung’u states that he should not prosecuted for implementing orders of
both the High Court and Public Procurement Review Board.
“It
is important to always bear in mind that the Public Procurement and
Administrative Review Board awarded the contract to Horsebridge, the
appellant (Prof Ndung’u) is not a member of tender committee and did not
participate in the tender process,” Miller states.
No comments :
Post a Comment