Swazuri bail contravenes Article 49 of the constitution

Former National Land Commission chair Mohamed Swazuri has put up a fight on his bail price that has now been declared an urgent matter.

He was released on a cash bail of twelve million with the Anti-corruption court giving him an alternative surety bond of sh 30 million.

Swazuri, who has spent the eighth night in the police cells, is seeking a review of his release terms after being charged with Sh109 million fraud.

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In the application, Prof Swazuri said the Sh12 million cash bail or Sh30 million bond imposed by Chief Magistrate Lawrence Mugambi was unjust, unreasonably high and in contravention of Article 49 of the Constitution.

Justice Mumbi Ngugi Wednesday certified his application as urgent and directed him to serve the Director of Public Prosecution and appear before her for a hearing today.

Swazuri and his co-accused were charged with conspiracy to defraud the government of Sh109 million.

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The charge sheet states that they conspired to commit corruption through the fraudulent payment of Sh109 million for the alleged compulsory acquisition of land from Tornado Carriers on behalf of Kenya National Highways Authority.

He is alleged to have approved a second valuation of Sh109 million yet compensation for the land near Mombasa port had been set at Sh34.5 million.

They all denied the criminal indictment and were remanded in custody since last Thursday.

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Trial magistrate Lawrence Mugambi released the other accused persons on different cash bails depending on the number of counts they are facing.

The court ordered Emma Muthoni (Commissioner NLC) Tom Aziz Chavangi (Chief Executive Officer) Salome Ludenyi Munibi (Director, Valuation and Taxation) Francis Karimi Mugo (Finance) to place cash bails of Sh3 million each or a surety bond of Sh5 million.

Catherine Wanjiru Chege (advocate) and Michael George Onyango were given a cash bail of Sh5 million and Sh1.5 million respectively.

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