Richard Munguti
16 February 2010
Nairobi — The Governor of the Central Bank of Kenya has been asked to appear in court over the Sh5.8 billion goldenberg scandal case.
Prof Njuguna Ndung'u is required to clear the air on whether or not CBK still wants to pursue a case against four senior civil servants.
Chief magistrate Gilbert Mutembei has been asked to discharge Mr Eliphaz Riungu, a former deputy governor of the bank, Dr Wilfred Koinange, a former Treasury PS, and former Kenya Commercial Bank general manager Elijah arap Bii.
But State counsel Mungai Warui told Mr Mutembei that the AG had directed that the trial commenced against the suspects goes ahead.
However, the defence lawyers said that they were awaiting a response from the governor clearing the air whether or not CBK has interest in the case.
The magistrate heard that CBK had settled the legal dispute, which gave rise to the criminal case before court. Mr Mutembei heard that a consent order signed in the High Court recently waived all the criminal cases commenced against the suspects.
The magistrate heard that when CBK received back the Grand Regency Hotel, now Laico Regency, from businessman Kamlesh Pattni, an understanding was reached that all cases both civil and criminal be withdrawn.
It is on the strength of that court order that the suspects are asking the court to get a clarification from CBK .
In his ruling, Mr Mutembei directed that summons be issued to Prof Ndung'u.
The suspects have denied three charges of conspiracy to steal Sh5.8 billion from the Paymaster General Account.