Swazuri gets access to his land commission office

Embattled former National Land Commission boss Muhammad Swazuri Thursday obtained reprieve when the High Court allowed him access to what used to be his office at Ardhi House.

Lady Justice Hedwig Ong’udi ruled that it was conflicting for him to be barred from accessing his office yet investigations into allegations he is facing have already been completed.

“The investigation into this matter is complete; therefore, it means that the case is set for hearing, from my analysis if this order is supposed to be implemented, it will not be practical,” the judge said.

According to Justice Ong’udi, securing of witnesses must be done under the law and that the requirement that he write to the Ethics and Anti-Corruption Commission to seek permission to access his office was impractical.

The judge pointed out that the EACC and the NLC are both independent bodies, hence one cannot control the affairs of the other.

She set aside the directive that he should not access his office, but instead barred him from interacting with witnesses at his workplace as well as interfering with documents that relate to his trial.

The judge warned that should he fail to comply with her directives, he would lose his freedom as his bond terms will be automatically cancelled.

Prof Swazuri was charged in August alongside Kenya Railways managing director Atanas Maina and 12 others over fraudulent compensation of Sh221.3 million regarding five parcels of land meant for the construction of the standard gauge railway.

Prof Swazuri was freed on a cash bail of Sh3.5 million or a bond of Sh6 million with a surety of a similar amount.

He was also ordered to keep off from his office until the trial is completed and that he should first write to the anti-graft agency whenever he wants to go there.

In August, a Magistrate's court ruled that he get partial access to the office after informing the EACC chief executive to ensure he does not interfere with witnesses in the SGR land compensation suit.

Prof Swazuri was replaced at the Commission by his deputy Abigael Mbagaya as acting chairperson. At that time, he said there was confusion in interpreting the court orders that led to his ouster and replacement following his trial.