Ex-NLC boss Swazuri faces fresh fraud charges today

The ghost of land compensation continues to haunt former NLC boss Muhammad Swazuri into retirement as he is set to appear in court afresh today.

Swazuri was yesterday arrested on allegations of fraud and abuse of office over the way he handled the compensation for Tornado Carriers Limited when its land was compulsorily acquired in 2017.

In a statement announcing the arrest, DPP Noordin Haji said the acquisition was done by Swazuri at the request of the Kenya National Highways Authority to pave the way for the construction of the Mombasa Southern Bypass and Kipevu New Highway container terminal link roads.

The former National land Commission chairman Swazuri is expected to be charged with 23 other suspects.

Other offences include money laundering, financial misconduct, dealing with suspect property, conspiracy to commit an economic offence and unlawful acquisition of public property.

The Director of Public Prosecutions Noordin Haji alleges that Swazuri instigated the acquisition of the property at inflated costs leading to loss of taxpayer's money.

The first valuation of the pieces of land returned a value of Sh34.5 million but Swazuri allegedly ordered the commission's director of valuation and taxation Salome Munubi to do a second exercise that returned a value of Sh109.7 million.

Haji said the commission proceeded to pay the sum that had been inflated more than three times without any question.

The DPP said of the total amount of money sent by Kenha to the commission, Swazuri authorised Sh55.2 million to be wired to Tornado Carriers Limited while Sh54.5 million was sent to C.W. Chege & Co. Advocates.

The DPP said the impugned deal came to light after the Ethics and Anti-Corruption Commission received an anonymous file with the details.

The file was then transmitted to Haji's office on April 9 this year.

Among those lined up for prosecution include former NLC commissioner Emma Njogu, deputy director valuation and taxation Joash Oindo, Salome Munubi, director finance Francis Mugo and advocate Catherine Chege.

Munubi is set to be prosecuted alongside her husband Sostaenah Ogoro Tarachi. Munubi's deputy Joab Oindo will also face charges alongside his son Kevin Oindo Mugambi.

Tornado Carriers Limited's directors Nazir Ahmed Matakhan and Shakil Ahmed Khan are also set to be arraigned.

Swazuri is not new to corruption-related charges. On August 11 last year, he was arrested and charged in court alongside former Kenya Railways Managing Director Atanas Maina and 15 others for illegally facilitating the payment of Sh221.3 million in compensation for the acquisition of land for the Standard Gauge Railway.

He was also accused of abuse of office and plotting to defraud the taxpayers by approving the colossal payments for five parcels of public land.

Corruption allegations became a familiar dent in Swazuri’s term as the commission’s chair. At one point there was a tussle between him and former deputy chairperson Abigail Mbagaya when the court barred him from accessing his office.

Their power struggles over the control of the commission would persist till the tail end of their term in February this year.

Swazuri's team did not clear the clouds over the payment of Sh1.5 billion compensation for the controversial Ruaraka land scandal.

The National Assembly Committee on Land had recommended that Swazuri be investigated and possibly prosecuted even as the EACC confirmed it had separately recommended the prosecution of 25 officials over the saga after concluding its investigations.

The former NLC leadership was also faulted for its determination of the ownership of Weston Hotel land. The Kenya Civil Aviation Authority claimed the land.

The commission ruled that while the land belongs to the aviation authority, Deputy President William, who owns the hotel, is free to compensate the state over Sh300 million.

Edited by Pamela Wanambisi