GRAFT CASE

Swazuri to spend Easter behind bars

Chief magistrate Mugambi will rule on bail application on Tuesday

In Summary

• Thirteen other suspects, including businessmen, were ordered to appear before the EACC on Tuesday morning at 8am

• State counsel Vincent Monda alleged that there are compelling reasons to show the suspects may interfere with witnesses if freed

Former NLC chairman Muhammad Swazuri (right) and other suspects who were charged with corruption in a Milimani court on Thursday, April 18, 2019.
Former NLC chairman Muhammad Swazuri (right) and other suspects who were charged with corruption in a Milimani court on Thursday, April 18, 2019.
Image: COLLINS KWEYU

Former NLC chairman Muhammad Swazuri and 10 other suspects will spend Easter holidays in custody as they wait for their bail ruling on Tuesday.

The suspects on Thursday denied graft charges in connection with compensation for land at Mombasa Port Area Development.

Chief magistrate Lawrence Mugambi will rule next week whether Swazuri and his co-accused will be released on bail.

Other suspects are former commissioner Emma Njogu, Tom Chavangi, Salome Munubi (Director Valuation and Taxation), Lilian Keverenge and Francis Mugo  (director of finance and Administration).

Others are Catherine Chege, Samuel Muturi, Evahmary Gathondu, Michael Onyango Oloo and Sostenah Taracha.

It is alleged that between January 11, 2017, and December 5, 2017, they jointly conspired to fraudulently pay Sh109,769,363 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 Sh109,811,694 to Tornado Carriers Limited.

The prosecution said they improperly gave the money to Tornado Ltd by illegally approving a payment schedule that included the same sum for the purported compulsory acquisition of land for the Mombasa Port Area Road Development.

Thirteen other suspects, including businessmen who were not present in court, have been ordered to appear at the Ethics and Corruption  Commission at 8am on Tuesday. Failure to do so, warrants of arrest will be issued by court.

The Director of Public Prosecutions has, however, opposed the suspects' release on bail. The court was urged to deny them bail and to remand them pending the determination of the case.

State counsel Vincent Monda said the offence the accused are facing is very serious and if released, they might abscond court.

Monda alleged that there are compelling reasons to show the suspects may interfere with witnesses if freed. 

The state counsel said some of the suspects are former NLC officials while some witnesses are still NLC officials, therefore, the suspects may interfere with the case.

The court aso heard that Swazuri and Chavangi are facing similar offences after they were charged last year. Monda claimed there are other ongoing investigations of a similar nature. 

The defence opposed the application, arguing that they are ready and willing to appear in court until the case is concluded.

The defence said Swazuri and the other suspects were arrested in the wee hours of the morning. The police knew it was Easter period so they purposely chose to take them to court on Thursday so they could remain in custody, the defence claimed.

Edited by Pamela Wanambisi

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