The National Land Commission has called a crisis meeting today to discuss the way forward following the arrest of chairman Muhammad Swazuri.
Swazuri was yesterday charged with five counts of corruption in relation to compensation for SGR land. He denied the charges and was released on Sh3.5 million bail or a bond of Sh6 million.
He was also ordered to stay away from office until his case is determined.
Yesterday, the Star learnt that commission vice chairperson Abigael Mbagaya asked all commissioners to attend an urgent meeting this morning to decide who becomes the acting chair.
The commissioners are Abdulkadir Khalif, Clement Lenachuru, Emma Njogu, Rose Musyoka, Samuel Tororei, Silas Muriithi and Konyimbih Mboya.
“Once the commissioners elect the chair, we will decide who to fill the vacant positions in the secretariat, including that of the CEO,” Mbagaya said.
Kenya Railways Corporation MD Atanas Maina, who was charged alongside Swazuri, was released on Sh1.5 million bail or an alternative bond of Sh3 million.
Milimani chief magistrate Lawrence Mugambi said the two were charged with different offences hence the varying bond terms.
Swazuri, co-accused Salome Munubi and the two directors of three companies that received the money were given the highest bond terms for facing many counts.
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Munubi is the director of the committee for valuation and taxation at the NLC.
Mugambi said the suspects were public servants with different job cadres. Some were senior managers at both the NLC and KRC.
All the suspects are required to deposit their passports in court and keep away from their offices until the case ends.
The magistrate declined to allow the accused to be remanded at the police station pending bail compliance.
He directed they be detained at a remand prison if they will not be able to process the bail terms by close of business yesterday.
Swazuri and Maina were taken to court alongside 10 officers from the NLC and KRC at about 8am under heavy security.
Swazuri denied five counts of abuse of office and an alternative charge of breach of trust.
The prosecution said all the 14 persons in the dock conspired to commit corruption, which led to the loss of Sh221,375,000.
The money was paid as compensation for three parcels of land that belong to Kenya Railways.
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Swazuri is accused of using his office to improperly confer a benefit for facilitating the award of compensation for the land in favour of Dasahe Investments and Olomotit Estate.
The offence was committed on October 11, 2016 at the NLC offices in Ardhi House, Nairobi.
The court heard that the money was paid to companies whose title deeds had been revoked by the Review of Grants and Dispositions of Land Committee of the NLC for having acquired them illegally.
Swazuri and Maina were separately charged with breach of trust, with the prosecution saying they facilitated the payment of Sh221,375,000 as compensation.
Munubi, NLC CEO Tom Chavangi, land registrars and surveyors Francis Mugo, Victor Wahome, Elijah Nyamu, John Mwaniki, Caroline Kituyi, Peter Mburu, Gladys Muyanga and Obadiah Mbugua all denied several counts of abuse of office.
The two directors of the three companies were charged with unlawful acquisition of public funds.
David Some and Esther Some, the co-directors of Keibukwo Investments, Dasahe Investments and Olomotit Estate, allegedly received money from the NLC as payment for land that belonged to the public.
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Defence lawyer Tom Ojienda asked the court to release all the suspects on reasonable bail terms.
He said 12 of the accused persons were performing their mandate when they paid the money to the three companies.
He also submitted that the matter has a civil background because of the questionable title deeds.
The lawyer said there were no compelling reasons to deny bail to the suspects. He said his clients were not a threat to national security.
The prosecution however opposed the request, saying the offences are crimes against humanity.
State counsel Alexander Muteti said Swazuri and his Maina committed the conspiracy in a systematic way to defraud the public.
He asked the court to detain the suspects in remand prison until the case is heard and determined.
The prosecution said corruption is a cancer that has eaten the country and asked the court to protect the public from those committing economic crimes. The case will be mentioned on August 29.