Economy

Haji seeks to cancel ex-NLC boss Swazuri’s bond terms

swazuri

Former National Land Commission chairman Muhammad Swazuri. FILE PHOTO | NMG

The Director of Public Prosecutions has filed a fresh application seeking the cancellation of bond terms granted to former National Land Commission chairman Muhammad Swazuri.

In the application to be heard on April 5, the DPP, through Alexander Muteti, told Chief Magistrate Douglas Ogoti on Monday that they would pursue the cancellation of Prof Swazuri’s bond, even though his tenure at the NLC had ended.

“The continued intimidation and interference with the said witnesses amounts to compelling reasons for which the bail should be cancelled,” reads part of the application.

The court released Prof Swazuri on a cash bail of Sh3.5 million and ordered him not to interfere with witnesses after he was charged with fraud that the prosecution says led to a loss of Sh221.4 million in public funds.

If the prosecution is successful, the former NCL chairman will have to argue his case while in remand.

Prof Swazuri has been charged together with former NLC officials including former commissioners Salome Munubi, Tom Aziz Chavangi, Francis Mugo, Victor Kariuki, Elijah Nyamu and John Mwaniki.

Others charged are Carolyne Kitui, Peter Mburu, Gladys Mwikali, Obadiah Mbugua, David Some and Esther Some.

According to the DPP, taxpayers lost their money in fraudulent compensation for five pieces of public land the government acquired to build the standard gauge railway.

Three companies, Dasahe Investment Ltd, Keibukwo Investment Ltd and Olomotit Estate Ltd are also charged in the case.

When parties appeared before Mr Ogoti for directions yesterday, Prof Swazuri through his lawyers said they would cross-examine Esther Njuguna, a prosecution counsel, over claims she had made in an affidavit, seeking the cancellation of his bail. Mr Muteti also said they would cross-examine Prof Swazuri.

Mr Ogoti directed the trial to proceed before Senior Principal Magistrate Lawrence Mugambi.

Other parties through their lawyers protested saying they were not aware of the application, because the DPP had not served it upon them, yet it affects the proceedings in court.

In the application, Ms Njuguna said the matter is of great public interest and Prof Swazuri had been interfering with witnesses contrary to court orders.

Prof Swazuri had been allowed to access his office but the court warned against interfering with witnesses after he successfully sought the review of the bail conditions before High Court judge Hedwig Ong’udi.

But the DPP said in clear violation of the undertaking, Prof Swazuri has more than once engaged in clear acts of interference with witnesses. Ms Njuguna said his conduct, including his agitation to have the total control of the activities of the NLC, before his term expired, should warrant the cancellation of his bail terms altogether.