Swazuri takes deputy to court in NLC turf war

National Land Commission (NLC) chairman Muhammad Swazuri has asked High Court to stop his deputy Abigael Mukolwe from calling commission meetings and issuing directives, opening a fresh row between them.

Prof Swazuri accuses Ms Mukolwe of illegally assuming the powers of the chairperson of the NLC that has allegedly triggered institutional chaos and exposed the institution and him to liability.

Prof Swazuri says he is the holder of the office of the NLC chairman, arguing that there is no justification for Ms Mukolwe to perform his roles.

Prof Swazuri was charged with fraud on August 13 over land allocation for the SGR line linking Mombasa to Nairobi, prompting his suspension that was lifted by a court on November 1.

The Director of Public Prosecutions (DPP) has appealed against decision to allow him access to office.

“Pending inter parte hearing and determination of this application, this court be pleased to issue conservatory orders restraining/prohibiting the respondent from calling for National Land Commission meetings, issuing directives, memos, letters in the of the national land commission, or in manner whatsoever from purporting to exercise the powers of the chairperson of the national land commission,” reads the order sought by Prof Swazuri.

He says the term of the NLC commissioners is ending on February 19, 2019 and that smooth handover will be affected by the infighting between the chair and the deputy.

Prof Swazuri is aggrieved that Ms Mukolwe has removed his name and photos from the final draft report of the commission despite having served since 2013.

The NLC chairman has been battling to get back the control of the commission, and last month recalled documents signed by Ms Mukolwe following his return from suspension.

Prof Swazuri issued a notice, through the Kenya Gazette, seeking Ms Mukolwe’s signature to be deleted from land deals and replaced by his.

The NLC chairman and his deputy have fallen out with Prof Swazuri claiming that Ms Mukolwe facilitated his prosecution over a botched land deal in a bid to occupy his position.

The two notices contain deals for purchase of land for the rapid transport system along Thika Road and transfer of land to the government for construction of Githurai market.

Prof Swazuri on December 7 resumed signing land deals through the Kenya Gazette, days after DPP Noordin Haji’s attempt to keep him out of office failed.

The High Court on December 1, declined to bar Prof Swazuri from accessing his office until his case is heard and determined.