Swazuri acted alone in land payment, say commissioners
National Lands Commission chairman Mohamed Swazuri appearing before the National Assembly Lands Committee on March 29, 2017 where he is being investigated for alleged corruption. FILE PHOTO | EVANS HABIL | NMG
Commissioners Silas Kinoti, Emma Muthoni Njogu, Rose Musyoka, Abdulkadir Khalif and Samuel Tororei said the commission did not approve the payments at its full plenary.
Dr Musyoka told MPs that LR 9084 was at the centre of an ownership row pitting Tanzanian grain handling firm and Damla Enterprises Limited, which is behind the petition for Dr Swazuri’s removal.
The owner of Damla Enterprises, Mugo Njeru, told the National Assembly’s Lands committee that Dr Swazuri received a Sh1.2 million bribe to process compensation for land in his favour.
Five commissioners at the National Land Commission (NLC) have accused chairman Muhammad Swazuri of unilaterally sanctioning payment of Sh82.3 million for land at the centre of a bribery claim.
Commissioners Silas Kinoti, Emma Muthoni Njogu, Rose Musyoka, Abdulkadir Khalif and Samuel Tororei said the commission did not approve the payments at its full plenary.
They accused Dr Swazuri of going ahead to direct payments when the committee on grants and dispositions had not finalised investigations into the ownership of LR 15100 and LR 9084.
“I have not seen any letter that the chairman wrote to the Kenya Railways Corporation chief executive Atanas Maina authorising payments for LR 15100,” each of the four commissioners separately told the National Assembly’s Land committee. Mr Khalif said payments were made in the month of December when all commissioners were away.
“For sure, the payments were not a commission’s decision obtained by the plenary. Why payments in December? I don’t know?” Mr Khalif said.
The commissioners said for any ratification to be made, five members of the commission must be present. They said Dr Swazuri has on a number of times surprised them in his decisions.
Dr Musyoka told MPs that LR 9084 was at the centre of an ownership row pitting Tanzanian grain handling firm and Damla Enterprises Limited, which is behind the petition for Dr Swazuri’s removal.
The land was acquired by the government targeted for building the standard gauge railway (SGR) The owner of Damla Enterprises, Mugo Njeru, told the National Assembly’s Lands committee that Dr Swazuri received a Sh1.2 million bribe to process compensation for land in his favour.
Mr Njeru added that Dr Swazuri was to receive additional Sh25 million if the petitioner successfully got paid Sh43 million for LR No 9084 measuring seven acres and Sh82.8 million for an acre of land of LR No 15100.
Mr Mugo told MPs how Dr Swazuri, through an aide Elijah Fadhili Yaa together with lawyer S. Ruwa allegedly coerced him to pay the bribe dubbed (Mbuzi) in order not to miss out on compensation for railway land.
The petitioner claimed that Mr S Ruwa is the current speaker of Kwale County Assembly.
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