Central Bank of Kenya Governor Njuguna Ndung'u can now be arrested and prosecuted over the alleged irregular awarding of a Sh1.2 billion security management system tender.
Justice George Odunga of the High Court dismissed the governor's application seeking to stop the Director of Public Prosecutions, Ethics and Anti-Corruption Commission (EACC) and the Inspector General of Police from arresting and prosecuting him over the tender award to Horsebridge Networks Systems (EA) Limited.
Mr Ndung'u had filed the application through lawyer Donald Kipkorir and obtained orders barring his arrest and prosecution early this year but following dismissal of the application, DPP Keriako Tobiko can proceed with the intended prosecution.
Justice Odunga, however, restrained IG David Kimaiyo, Tobiko and EACC from arresting the governor for 14 days after his lawyer applied to have the judgment stayed to enable his client file an appeal.
In his application, Mr Kipkorir told the court the governor risked being arrested following the court decision and asked for orders to be issued restraining the police from arresting the bank governor.
"This court has jurisdiction to issue the orders restraining the police from arresting the governor. If the orders are not granted the governor can be arrested tonight and taken to court. He will move to the Court of Appeal to challenge the verdict," said Kipkorir.
The DPP, EACC and the IG had opposed Kipkorir's application, arguing that Ndung'u had failed to prove how his rights had been infringed by the intended arrest and prosecution.
In his verdict, the judge said the court must strike a balance between the suspect's right to fair trial and public interest in reaching decision.
He observed that in the application, the governor had alleged a witch hunt in his intended arrest and prosecution, and pointed out that the police must act fairly in discharging their duties.