Swazuri remains in custody as DPP fights Ksh.12M bail review

Swazuri remains in custody as DPP fights Ksh.12M bail review

Former NLC chairman Muhammad Swazuri may have to spend another week in prison awaiting the High Court decision on whether to review his Ksh.12million bail term.

In his response to Swazuri’s application, the Directorate of Public Prosecutions (DPP) wants the court to enhance the bail terms for the former NLC chairman.

This was after Swazuri moved to the High Court seeking a review of the Ksh.12million cash bail set by Chief Magistrate Lawrence Mugambi on Tuesda.

Swazuri is challenging the terms issued by court arguing that they are punitive and unreasonably high.

The DPP however opposed the bail review and asked the court to either enhance the bail terms or revoke them altogether.

The prosecution further said the former NLC boss had not discharged his burden to the required standards in demonstrating that the bond terms were unreasonable, unjust and exorbitant.

According to Swazuri’s lawyers, the presumption of the innocence by the court can never be taken away from them.

They also argued that the magistrate never justified why it applied the said bail terms on the accused persons who were before him.

On Tuesday, after spending the long Easter weekend in remand prison, Mugambi ordered him to pay Ksh.12million cash bail or deposit a Ksh.30million bond to secure his release.

Other officials released on the same bond terms with Swazuri include Emma Njogu (former NLC commissioner), Tom Aziz Chavangi (former NLC chief executive officer), Dr Salome Munubi (director valuation and taxation), Francis Mugo (NLC director of finance and administration) and Catherine Wanjiru Chege (lawyer).

The terms of release for all the accused persons ranges from Ksh.1.5million to Ksh.12million cash bail depending on the number of counts and the amount alleged to have been embezzled in the particulars of the charges.

Swazuri and the others were charged in connection with alleged irregular compensation for land for Mombasa Port Area Development.

It is alleged that between January 11, 2017, and December 5, 2017, they jointly conspired to fraudulently pay Ksh.109,769,363 for the purported compulsory acquisition of land from Tornado Carriers Limited for the Kenya National Highways Authority.

Swazuri, Munubi and Njogu were also separately charged with abuse of office.

They are accused of using their office to improperly confer Ksh.109,811,694 to Tornado Carriers Limited.

Swazuri’s application will be ruled on May 2, 2019.

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DPP National Lands Commission NLC Muhammad Swazuri

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