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Swazuri bail reduced after application

High Court says magistrate was within the law but reviewed the terms

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by ANNETTE WAMBULWA WambulwaAnnette

News02 May 2019 - 14:11
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In Summary


• High Court reviewed them to balance with similar cases. 

• Bond reduced by half. 

National Land Commission chairman Muhamed Swazuri during a past seminar with land commissioners

The High Court on Thursday granted former National Land Commission chairman Mohammed Swazuri's application to review his bail terms. 

Swazuri, who has been in remand for two weeks, moved to the High Court last week arguing that the terms given to him and his co-accused were too high. 

Justice Mumbi Ngugi said chief magistrate Lawrence Mugambi did not err in law when he issued the bail terms to Swazuri and his co-accused.

She disagreed with Swazuri's criticisms on the ruling by Mugambi, saying the terms were within the law. 

However, Ngugi said in order to balance their bail terms in comparison with other cases of the same nature, she reviewed the terms downwards from Sh12 million to Sh7 million for all the accused who filed for review.

Swazuri, former commissioner Emma Njogu, former chief executive officer Tom Aziz Chavangi, Salome Munubi; director valuation and taxation, Francis Mugo; the director of finance and administration, and lawyer Catherine Wanjiru Chege were the first batch to have their bail terms reviewed. 

Ngugi further reviewed their bond terms down from Sh30 million to Sh15 million.

Mugambi had categorised them into groups depending on the number of charges they face and the amount alleged to have been handled.

Those who were charged with more than Sh50 million were given the highest bond terms. 

The DPP had applied for the court to enhance the bail terms for Swazuri and all the other 10 accused persons. 

The prosecution had opposed Swazuri's bail review application and asked the court to enhance the terms or deny him bail. 

In the case, Swazuri and the others were charged in connection with compensation for land at Mombasa Port Area Development.

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. 

(Edited by R.Wamochie)


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