Court clears former NLC chair Mohammed Swazuri in KSh 221M land fraud case
Court clears former NLC chair Mohammed Swazuri in KSh 221M land fraud case
The anti corruption court has acquitted former National Land Commission (NLC) chair Mohammed Abdalla Swazuri and several co-accused persons, bringing to an end a high-profile case that had accused them of conspiracy and irregular compensation over disputed land.
In its ruling Magistrate Eunice Nyutu found that the prosecution had failed to prove its case beyond reasonable doubt.
Former National Land Commission (NLC) Chairman Muhammad Swazuri and 16 others were charged in 2018-2019 regarding a Sh221 million corruption scandal related to Kenya Railways land compensation.
They faced charges including abuse of office, conspiracy to defraud, and money laundering, pleading not guilty to the accusations.
The trial magistrate held that none of the charges brought against the accused persons had been sufficiently established, noting that key elements of the alleged conspiracy were not supported by evidence.
The court observed that the dispute largely stemmed from an administrative conflict rather than criminal conduct.
It further found no evidence to show that compensation paid out was unlawful.
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Importantly, the judge emphasized that criminal liability cannot be imposed on public officers or public entities acting on the basis of existing land titles, unless there is clear and separate evidence demonstrating knowledge of fraud or criminal intent. In this case the court noted that, no such evidence was presented.
On the question of land ownership, the court noted that the prosecution failed to prove that the land in question was public land.
Instead, evidence presented by witnesses suggested that the land had characteristics of private or township land, weakening claims of public ownership.
The court also addressed the issue of title validity, stating that although the titles in question existed, the prosecution did not prove that they had been lawfully cancelled or impeached. As such, the legality of the titles remained unchallenged in law.
Further, the prosecution did not establish that the land was unavailable for allocation, relying instead on suspicion rather than concrete evidence.
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