Court bars NLC Chair Swazuri from accessing office over witness intimidation

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Court has barred the National Land Commission Chairperson Mohammud Swazuri from accessing office.

Anti-Corruption Chief Magistrate Douglas Ogoti also restrained Swazuri from approaching any witnesses until an application filed by the Director of Public Prosecution is heard and determined.

In an application which was certified urgent, the DPP wants the bail terms of Swazuri cancelled for allegedly intimidating and interfering with witnesses.

The DPP also wanted the chair restrained from setting foot at the commission premises during the pendency of the matter unless accompanied by EACC officers on grounds that his conduct has proved to be extremely detrimental to the NLC and threatens public interest.

 

Swazuri is accused of interfering with the operations of the commission by taking actions that go against the express of the court.

 

“The respondent has engaged in conduct that compromises the interests of NLC and has acted in outright conspiracy with known individuals and has had the temerity to enter into consents in court with the said individuals to the detriment of the commission,” argues the DPP.

 

It alleged that the conduct of the respondent including his agitation to have total control of the activities of the commission despite having been charged and the interference and the said documentary exhibits should warrant the cancellation of his bail terms.

 

Swazuri had moved to the High Court seeking review of orders barring him from convening meetings at the commission before his term ends on 19th February or there about.
The same was however, dismissed.

Theft

The state further states that it is in the public domain that as soon as Swazuri was allowed access to the commission’s offices, subject to his undertaking, the said offices were broken into and material documents and other evidence were stolen.
According to the state, there is basis for allowing this application and granting the orders prayed for as there is continued intimidation and interference with the witnesses, more so the commissioners, which would lead to the continued compromise of the justice of the case.
Swazuri and his 16 co accused persons are charged with conspiracy to defraud the government Sh 221.3 million, abuse of office, breach of trust and fraudulent acquisition of publicĀ  property.