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On 23rd March, 2006, Dr Mullei was arraigned in court to answer charges of abuse of office. The charges were that as Governor of the Central Bank of Kenya he acted incorrectly with respect to procedures I followed in the appointment of four consultants hired by the Central Bank of Kenya to conduct inspection of a commercial bank accused of violating provisions of the Banking Act. In other words, he was being accused of improperly conferring a benefit on the four consultants by causing them to be appointed as consultants for the Central Bank of Kenya without following an open or restricted tendering method of procuring their services.
After considering all the evidence, the Ag. Chief Magistrate M.W. Wachira (Mrs) determined that:
- the charges against Dr Mullei arose out of the actions he took in his capacity as Governor of the Central Bank of Kenya.
- Dr Mullei was acting within the powers vested in him as the Governor under section 13(1) of the Central Bank of Kenya Act.
- the contracts signed between the four consultants and the Central Bank of Kenya were properly executed.
- Dr Mullei acted properly given the circumstances under which the contracts were signed
- the work assigned to the four consultants was serious and confidentiality of the essence.
Based, inter alia, on the above findings the Ag. Chief Magistrate dismissed the case against Dr. Mullei on 24th March 2007.
Andrew K. Mullei, PhD