Swazuri, Atanas Maina and 12 others given bail in SGR graft case

What you need to know:

  • Dr Swazuri and the others are accused of fraudulently awarding compensation for land meant for the standard gauge railway.
  • Their charges stem from the loss of Sh221,375,000 from Kenya Railways.
  • NLC and KRC officials are accused of buying the state corporation's land and selling it to the government.

National Land Commission chairman Muhammad Swazuri, Kenya Railways managing director Atanas Maina and 12 others were spared a third night in police cells when a city court granted them bail on Monday.

Senior Principal Magistrate Lawrence Mugambi said the prosecution did not present sufficient reasons to warrant denying them bond.

Dr Swazuri and the others are accused of fraudulently awarding compensation for land meant for the standard gauge railway.

“The accused persons are entitled to bail but I agree that the charges are serious,” the magistrate said.

Mr Mugambi then granted a Sh3.5 million cash bail to Dr Swazuri, Ms Salome Munubi, Mr David Some and Ms Esther Some.

The alternative was a Sh6 million bond with surety of a similar amount. They face seven counts of corruption.

DEPOSIT SH1.5MILLION
Mr Maina and the rest were each directed to deposit a cash bail of Sh1.5 million or a Sh3 million bond with a surety of a similar amount. They face at least two counts of corruption.

They were all ordered to deposit their passports in court and that they should not have any contact with the witnesses.

Should they fail to pay the amount, they will be remanded to Industrial Area and Lang’ata Women’s prisons in Nairobi.

By 6pm, a number of the accused had settled their bond.

Others who appeared in court were Mr Tom Aziz Chavangi, Mr Francis Mugo, Mr Victor Kariuki, Mr Elijah Nyamu and Mr John Mwaniki.

Also in the dock were Ms Carolyne Kitui, Mr Peter Mburu, Ms Gladys Mwikali and Mr Obadiah Mbugua.

FRAUDULENT COMPENSATION

Their charges stem from the loss of Sh221,375,000 from Kenya Railways.

According to the Director of Public Prosecutions, taxpayers' money was lost in fraudulent compensation for five pieces of public land the government acquired to build the railway.

NLC and KRC officials are accused of buying the state corporation's land and selling it to the government.

They were also accused of abuse of office, unlawful acquisition of public property, neglect of official duties, breach of trust and unlawful disposal of public property.

Dasahe Investment Ltd, Keibukwo Investment Ltd and Olomotit Estate Ltd are listed alongside the accused persons.

The companies reportedly benefited from the fraudulent scheme.

CRIMES AGAINST HUMANITY

They all denied the offences, which the prosecution said were committed in Nairobi between July 1, 1999 and June 2018.

The prosecution said the charges should be treated as crimes against humanity and asked the magistrate to deny Dr Swazuri and the rest bond.

“Corruption is a cancer that the government has acknowledged. The court needs to give relevance to the gravity of the offence,” the prosecutor said.

“Public officers enjoy immunity. Time has come for everyone to be reminded that anyone sitting in those offices and diverting public property should not be there. No one should be spared as far as corruption is concerned.”

However, the defence pleaded with the court to have the accused released on bond, the charges relate to a civil matter and that title deeds of the said pieces of land have already been revoked.