The High Court has certified as urgent an application by former NLC chairman Muhammad Swazuri to review his Sh12 million cash bail, which he calls punitive.
Justice Mumbi Ngugi directed parties to appear today for a hearing.
In the appeal filed at the High Court, Swazuri has opposed the bail terms issued by chief magistrate Lawrence Mugambi, arguing that they are too high and unjust.
On Tuesday after spending the long Easter weekend in remand, Mugambi ordered him to pay Sh12 million cash bail or Sh30 million bond to secure his release.
Mugambi issued different bail terms to each of the accused persons charged last week depending on the number of counts they faced and sums involved. Bail ranges from Sh1.5 million to Sh12 million.
Other NLC officials released on the same bond terms as Swazuri include former commissioner Emma Njogu, former CEO Tom Aziz Chavangi; Salome Munubi, director valuation and taxation; Francis Mugo, director of finance and administration and lawyer Catherine Wanjiru Chege.
“The bail terms are unjust, exorbitant and in contravention of Article 49 of the Constitution,” Swazuri's application reads.
The application will be served on the DPP who will also appear in court to oppose the review of the bail terms issued by Mugambi.
Swazuri and the others were charged last Thursday in connection with compensation for land at the 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 the money to Tornado Carriers.
(Edited by R.Wamochie)
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