DPP loses bid to stop Swazuri from accessing his office
The Director of Public Prosecution has lost a bid to have National Lands Commission Chairman Mohammed Swazuri barred from accessing his office.
Justice Hedwig Ongudi on Tuesday urged the DPP to seek redress from a higher court saying:
“Since the DPP dissatisfied with the court ruling, the best court is the Court of Appeal where it can rule on whether they have an arguable case or not, I disallow the application by DPP,” he said in his ruling.
The DPP through Alexander Muteti had wanted the court to issue orders stopping a decision that allowed National Lands Commissioner (NLC) Mohammed Swazuri back to office.
The prosecution wanted Swazuri restrained since his trial at the Magistrate court over abuse of office is yet to proceed.
“The criminal trial of the respondent is yet to proceed we ask that you secure the position pending the outcome of the criminal proceedings,” Muteti argued.
Muteti argued that immunity to criminal proceedings is only extended to the President who is not required to vacate office.
Swazuri on the other hand objected to the application insisting the court has no jurisdiction to grant the orders sought.
Through his lawyer, he argued that the bid was ill motivated .
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