Tightening Noose: EACC gets forms on Swazuri wealth

Chairman of Lands Commission Mohamed Swazuri at a past press conference. [File, Standard]

The anti-graft watchdog has obtained the wealth declaration forms of the National Land Commission chairman and his deputy.

The Ethics and Anti-Corruption Commission (EACC) obtained the records disclosing the properties Muhammad Swazuri and Abigael Mbagaya held in 2013 before they assumed office to determine the growth, if any, in their wealth portfolio and whether there were unexplained assets.

EACC wants to use the disclosures in an investigation into claims the duo took bribes to influence compensation of land owners whose property was acquired by the Government to construct the Standard Gauge Railway (SGR)

National Assembly Speaker Justin Muturi - who chairs the Powers and Privileges Committee - forwarded the forms to the EACC.

Mr Muturi said the forms were certified as true copies of the original and thus could be used in court when required.

“(Swazuri and Mbagaya were) informed of this matter and they agreed that (the forms) be handed to the commission. We gave them the forms after the legal department gave us the go-ahead to do so as there was no harm in it,” he said.

EACC made the request four months ago, according to the speaker.

EACC Investigations Director Abdi Mohamud said the probe would be conducted according to the law.

“The forms will only be used for furthering our investigation. There is no witch-hunt in this at all,” said Mr Mohamud.

He added that the commission needed the documents to compare with the ones it has. EACC had raided the homes of the two in search of evidence. The search, Mohamud said, was done after the commission obtained a court order.

“The investigations have come out of a complaint received by the commission in 2017. The complaint surrounds the SGR land acquired either from private or public entities. The petitioner alleges that bribes were received and in order to confirm or deny this we must go through these forms,” he added.

Last year Mugo Njeru - in a petition to Parliament seeking the removal of Swazuri - told MPs that Prof Swazuri, through Elijah Fadhili Yaa together with lawyer S. Ruwa, allegedly coerced him to pay the bribe in order not to miss out on the compensation. 

Muturi said all forms regarding the wealth of all State officers, including the President and the Deputy President, were in the custody of Parliament.

He assured the officials that the documents were under lock and key and could only be released when a formal request was made.

“Should the documents be needed in a court of law, they are admissible as they are certified as true copies of the original,” said Muturi.

“This is the first time that we have received such a request,” he added.