The Director of Public Prosecutions Noordin Haji has filed an appeal on the bond terms given to former National Land Commission chairman Muhammad Swazuri.
The application filed by the DPP on Monday, seeks to have the court cancel the bond terms.
The application reads in part, “The continued intimidation and interference with the said witnesses amounts to compelling reasons for which the bail should be cancelled.”
Appearing before Chief Magistrate Douglas Ogoti, lawyer Alexander Muteti, affirmed that the office of the DPP is pursuing the cancellation of Prof. Swazuri’s bond, even though his tenure at the NLC has ended.
Last year, the court released Prof Swazuri on a cash bail of Ksh3.5 million and ordered him not to interfere with witnesses in his case, an instruction the DPP notes has been violated.
He was released after he had been charged with fraud that led to the loss of Ksh221.4 million.
If the court honors the DPP’s application, Swazuri will have to argue his case while in remand.
Prof Swazuri had been allowed to access his office but the court warned against interfering with witnesses after he successfully sought the review of the bail conditions before High Court judge Hedwig Ong’udi.
Through his lawyer, the DPP further insisted that Swazuri has more than once engaged in clear acts of interference with witnesses.
In his argument, DPP asserts that taxpayers lost money in fraudulent compensation of public land acquired by the government to build the Standard Gauge Railway and someone should be held accountable.
The application will be heard on April 5.