KEBS MD Benard Njiraini has moved to court seeking to stop implementation of a Public Investment Committee report on a tender that he allegedly misappropriated.
In a petition filed in court, Njiraini wants the court to quash portions of the National Assembly's PIC report dated May 29, 2020, on the Pre-Export verification of Conformity to standard Services for used Motor Vehicles, mobile equipment.
He argues that he is facing imminent threat of being dragged into court to bear criminal liability over a tender already cleared by the PARB and which is binding under S. 175(5) PPADA 2015.
"I am facing arrest over a non-binding advise of the PIC regarding the subject tender allegedly made informally before the conclusion of the PIC hearings, before the compilation of the PIC Report and before the adoption of the PIC Report which lacked legal authority for being inconsistent with the 2nd Respondents Standing Order 201," reads court papers.
Njiraini says the report was scheduled to be adopted on September 15 and will be implemented not later than 60 days from the date of its adoption, under National Assembly Standing Order 201.
"Njiraini is threatened with personal liability under both regimes of law in Kenya, the civil and criminal, for acts done in his capacity as a public officer," reads court documents.
