NLC defends its integrity after data theft, says it has backup

National Land Commission Chairman Muhammad Swazuri at the Milimani Law courts on December 4, 2018 when High Court Judge Hedwig Ong’udi declined to reverse an order allowing him to access his office. PHOTO | DENNIS ONSONGO | NATION MEDIA GROUP

What you need to know:

  • The computer is believed to hold crucial data connected to the case in which Prof Swazuri and the others are accused of irregularly compensating land owners for the Mombasa-Nairobi SGR phase.
  • The NLC says it has a backup of the data and that its operations will not be affected by the theft.
  • Communication Director Khalid Salim also pointed out that the theft did not occur in the office of commission chairman Muhammad Swazuri.

The National Land Commission (NLC) says it has a backup of the crucial data in a computer that disappeared from its offices on Sunday.

Prosecutors were to rely on the evidence in the computer in a case in which NLC Chairman Muhamad Swazuri, former Kenya Railways managing director Atanas Maina and 13 others are charged with irregular compensation for land.

"INTEGRITY INTACT"

The computer went missing just a day before Sh7.2 billion for the compensation of land being acquired for the Nairobi-Naivasha Standard Gauge Railway project was disbursed.

A source told the Nation on Monday that data in the computer, housed at the NLC’s Department of Valuation and Taxation, had no backup, meaning the new developments would effectively throw verification of the compensation payments in limbo.

In a statement to newsrooms on Tuesday, the commission pointed out that the theft did not occur in the office of Mr Swazuri.

Communication Director Khalid Salim acknowledged the loss of the CPU in one of the computers within the directorate, that it said contained "some operational data"

He said, however, that "The NLC is not the only custodian of compulsory land acquisition and compensation data, and the same information is also available at the respective acquiring entity."

Mr Salim added, "Since the stolen data is still available with the NLC backup system, the loss will not, in any way, affect the operations of the commission."

The official noted that the integrity of the NLC's procedures and matters related to compensation remains.

“We assure members of the public of continued service delivery and urge them to ignore any contrary information appearing in some sections of the media,” he said.

The incident, he said, was reported at Kilimani Police Station on December 17, under occurrence book reference no 56/17/12/2018, and investigations launched.

CRUCIAL DATA

The computer is believed to hold crucial data connected to the case in which Prof Swazuri and the others are accused of irregularly compensating land owners for the Mombasa-Nairobi SGR phase, which was completed in June 2017.

The courts allowed Prof Swazuri to resume work despite fears by the prosecution that this could jeopardise the case.

He successfully argued that he wouldn't interfere and detectives are yet to impute any improper motive against him or his officer.

Justice Hedwig Ong’udi, however, directed him not to interact or interfere with witnesses at his workplace or elsewhere.

Detectives from the Ethics and Anti-Corruption Commission said they were yet to confirm whether some of the missing records relate to investigations at the NLC.

“When we ask the NLC for records on a particular land transaction, they always comply," EACC spokesperson Yasin Amaro told the Nation. “It is too early to tell whether the documents that have gone missing relate to information that we shall need in future.”