Ethics and Anti-Corruption Commission has opposed application by former National Land Commission seeking to review his bond term conditions that restrained him from accessing his office without investigating officer.
“This court has no authority under the law to review the bond terms. This matter ought to be place before the high court and not before you” Dorcas to the court.
In the preliminary objection, they argued investigations have established that Mohammed Swazuri has been accessing and giving instructions to officers at NLC. They attached a letter dated 9 of August ,2018 with Swazuri instruction to the vice chairman.
EACC said Swazuri office is part of a crime as most of the witnesses are junior officers working under him at NLC offices at Ardhi house ad he will interfere with the witnesses and documentary exhibit.
The affidavit said Swazuri is not the office that he holds and his suspension or requirement to allow him to access his in the company of a police officer cannot bring the activities of the office to any halt.
“The chairman (Mohammed Swazuri) is not a office. An attempt to invite the court to find the office without a chairman is not operational is laughable” submitted Dorcas.
Prosecution argued that, the conduct of accused person including his agitation to have the total control of the activities of the NLC despite having been charged and the interference with witnesses and the documentary exhibits should warrant the cancellation of his bail terms all together.
They told the court that Swazuri being a state officer and a public officer as defined under Article 260 of the constitution having been charged with economic crimes, stands suspended with the effect from the date he was charged.
Prosecution submitted that, denying Swazuri access to the office does not amount to removal from office.
“The accused having been charged was admitted to bail terms including access to the office in the company of a police officer which conditions were very fair and reasonable” said prosecution.
Swazuri through his lawyer Prof Tom Ojienda filed an application seeking his client to be allowed to access his office as NLC chair and perform his constitutional mandate.
Ojienda claimed that, NLC is a crucial institution and failure to access office not only unconstitutional removal from office but also undermines the working of the commission as the current vice chairman has since purported to fill the vacancy that was created by the order dated 13 of August, 2018.
” The vice chair of national land commission thought you have promoted him. He convened few commissioners and now he is the of the commission “. Ojienda told the magistrate.
He claimed the office continues to suffer if restrictions imposed to the chairman by the court continues to be operational.
He argued that, there was no evidence that any official of national land commission is a witness.
” We are asking you to review your orders of bond terms and allow the accused to attend his constitutional duties “. Said Ojienda.
The court will deliver it ruling on whether to review the bond terms on Tuesday.
