BY SAM ALFAN.
National Assembly has suffered another blow after high Court blocked Parliament from hearing petition seeking the removal of National Land Commission Chairman Prof Mohammed Swazuri from office pending hearing and determination.
High court judge John Mativo further certified the matter as urgent and directed that the matter be heard on the 11th of April this year.
“Upon hearing the petition I’m satisfied that the allegations before me are clear legal issues that warrants to be investigated by the court, ”Mativo ruled.
Through lawyer Pro. Tom Ojienda the court heard that by parliament cannot be used by petitioners to settle matters on tittle deeds adding that the matter before the parliament against Swazuri can only be dealt by NLC.
“Parliament is permitting itself to be used to settler natters an tittle deeds and grands in matters that are pending before court in clear violation of the constitution” submitted Prof Ojienda.
In the case NLC chairman Mohammed Swazuri moved to court to restrain the National Assembly Lands Committee from hearing a petition seeking his removal over bribery allegations.
Swazuri insists that the parliamentary committee does not have power to investigate allegations of bribery and corruption a since the mandate exclusively belongs to the National Police Service and EACC.
” The petition for the removal of the said chairman violate several provisions of the law” said Ojienda.
“By purporting to do so, the committee is acting in excess of jurisdiction by usurping the exclusive roles of the police and EACC,” he argues.
The petition by former journalist Mugo Njeru is asking the committee to investigate criminal allegations of corruption and bribery in which 1 million Shillings was involved.
Njeru and his wife Edith Wairimu have accused Swazuri of demanding a bribe of 1.2 million Shillings to be compensated for their land which the government acquired for the Standard Gauge Railway project.
Proceedings to resume on 11 of April for further directions.
