Criminal Revision NO 13 OF 2018, revision of orders in ACC NO. 13 OF 2018 - Muhammad Abdalla Swazuri and 16 Others vs R

Summary: The 1st accused had been arraigned at the Milimani Anti-corruption court with charges relating to the irregular and illegal sale of a parcel of land beonging to the Kenya Railways. The bond terms imposed by the Magistrates Court were for A1 to be barred from office pending investigations, and that he could only access his ofice in the presence of a police officer and with the authorizatio of the EACC. Investigations concluded, but still, the court issued orders remained in effect. A1 approached the High Court contesting those orders, to which no authorization had so far as the date of filing this review had been issued. He stated that the orders amounted to a removal of the Chairperson from the NLC through means not contemplated or authorized by the Constitution, and that these orders had stalled operations at the NLC. The court in considering submissions made the observation that while the lower court had issued these orders to safeguard evidence and witnesses, the investigator had since completed investigations, and as such it was presumed that collection of evidence at A1's office had concluded. What was left was protection of witnesses, and therefore to a large extent, the order had become partially redundant. The court also considered that the requirement for A1 to seek the authority of the Chair of the EACC amounted to a conflict of interest as it implied that EACC could be seen as controlling the affairs of the NLC yet both were independent agencies. The court set aside the orders by the trial court and substituted it with an order granting A1 authority to access his office provided he made an undertaking not to interfere with records or witnesses at his workplace, failure to which would lead to cancellation of his bond.

Fist offence date: 07/Jan/1999
Start date: 13/Aug/2018
Ruling date: 01/Jan/1970
Defendant plea: Not guilty
Amount involved: KES 0.00
Type of case: Conspiracy to commit an offence of corruption and economic crime
Type of Charge:
Type of Judgement:
Fine amount: KES 0.00

Resolution comments:

Places

National Lands Commission

Employer at time of Offence -

Kenya Railways

Employer at time of Offence -

Ministry of Lands

Employer at time of Offence -

Keibukwo Inv. Ltd

Employer at time of Offence -