A Nairobi court has discharged Three land registrars charged alongside former National Lands Commission (NLC) chairman Mohammed Swazuri over Sh 100M Graft claims.
The three Caroline Nabalago, Peter Nganga and Gladys Mwikali were set free yesterday after the court allowed an application by Director of Public Prosecutions (DPP) Noordin Haji to withdraw the charges against them. At the same court soon after the ruling, Certified Fraud Examiner Omar Dambi appeared before the court to produce his evidence in the case.
He provided electronic certificates that were signed and prepared by the National Bank of Kenya showing the accounts and statements that NLC opened with them.
“I witnessed when NLC opened the accounts with the National Bank of Kenya,”added Omar.
He also presented bank statements to the court.
The three had requested the DPP to review the case against them. In a letter, they provided a detailed explanation of the roles ordinarily undertaken by the registrars in the process of land administration, compulsory acquisition, and compensation.
Their explanation had not been initially to the state at the time of making a decision to charge them.
Their explanation on the roles played necessitated a review of the case against them.
The DPP added that upon independent review of the explanation tendered by the three alongside the evidence available against them, he arrived at a determination that it is in the interest of justice that all the charges against them be withdrawn.
“The three proposed to present themselves as prosecution witnesses in this case and the proposal is being considered in light of the stage of the trial and the need to ensure no prejudice is occasioned on any of the others withdrawn ,”the DPP had said in their application to withdraw the charges. The state said that their application was guided and informed by the public interest of this case, the interest of administration of justice and the need to prevent abuse of the legal process.
The application had been filed on January 31,2022 through an affidavit by Wesley Nyamache Prosecution counsel in the office of the DPP who said that the applicants had moved to court on August 21,2021 seeking to withdraw charges against them.
He added that on August 20,2021 the court ruled that the DPP is at liberty to provide the reasons why the applicants are seeking the withdrawal of charges to enable the court to make a ruling.
Three land registrars who were charged alongside former National Lands Commission (NLC) chairman Mohammed
Anti-corruption Chief Magistrate Lawrence Mugambi ordered that the cash bail and passports that were deposited by the accused be released to them.
Their defense lawyer Levi Munyeri said he will pursue the matter to ensure his clients are reinstated to work.
Mohammed Abdala Swazuri is facing charges in an Anti-corruption Commission court with conspiracy to commit an offence of corruption, namely fraud, thereby causing a loss of public funds belonging to Kenya Railways Corporation amounting to Kshs. 221,375,000/= for compensation for acquisition of L.R. Nos. 9084, 9085, 9086, 9087 and 9088 being public land.
Appearing before Anti- Corruption Senior Principal Magistrate Lawrence Mugambi, Prof. Swazuri was faced with six counts of abuse of office which is contrary to Section 46 as read with Section 48 of the Anti-corruption And Economic Crimes Act, no. 3 of 2003 and one alternative charge related to the breach of trust contrary to Section 127 (1) as read with Section 127 (2) of the Penal Code.The case is ongoing
