Swazuri put to task over KSh221 million SGR land payouts during cross-examination

The legal proceedings surrounding the land acquisition process for Kenya’s Standard Gauge Railway (SGR) intensified this week as former National Land Commission (NLC) chairman Muhammad Swazuri faced cross-examination. Appearing before the anti-corruption court, Swazuri was required to account for the valuation and subsequent payment of KSh221 million to several firms involved in the railway’s path.

The case focuses on the compensation paid for land in Mombasa, specifically parcels that the prosecution alleges were public property or overvalued during the acquisition phase. Central to the inquiry are payments made to Dasahe Investments Limited, Olomotit Estate Limited, and Keibukwo Investment Limited. Investigators claim these payments were processed despite irregularities in the ownership documentation and the valuation reports used to justify the expenditure of public funds.

During the session, the prosecution questioned the former chairman on the administrative protocols followed by the NLC under his leadership. The court sought to understand how the commission approved the release of millions of shillings to private entities for land that may have already belonged to the state. Swazuri defended the commission’s actions, maintaining that the NLC acted based on the technical reports provided by land surveyors and valuation officers at the time.

The SGR project, a flagship infrastructure development intended to link the port of Mombasa to Nairobi and onward to the hinterland, has been shadowed by numerous legal challenges regarding its land acquisition phase. The NLC holds the constitutional mandate to manage public land and oversee the compulsory acquisition of private land for national projects. However, the KSh221 million at the heart of this specific trial represents a portion of broader concerns regarding how the commission managed the multi-billion shilling compensation budget allocated by the Kenya Railways Corporation.

Prosecutors presented evidence suggesting that the valuation process for the Mombasa parcels was flawed. They argued that the commission failed to conduct sufficient due diligence to verify the authenticity of the titles presented by the claiming companies. In some instances, the land in question was reportedly part of road reserves or railway corridors, which would legally preclude private individuals from receiving compensation.

Swazuri’s appearance is part of a long-running trial that includes several other former high-ranking officials from the National Land Commission and the Kenya Railways Corporation. The group faces charges ranging from conspiracy to commit an economic crime to abuse of office and the unlawful acquisition of public property. The defense has consistently argued that the officials were performing their statutory duties and that any errors in the process were administrative rather than criminal.

The court also examined the timeline of the payments, noting that the funds were disbursed in a manner that the prosecution characterized as hurried. Records indicate that the money was moved through various accounts shortly after the NLC received the funds from Kenya Railways. Swazuri was asked to clarify his personal involvement in the authorization of these specific transactions and whether he had ignored internal warnings regarding the legitimacy of the claims.

The hearing has been adjourned to a later date when further witnesses, including land registrars and investigators from the Ethics and Anti-Corruption Commission, are expected to testify. The outcome of the case will likely have significant implications for how land compensation is handled in future large-scale infrastructure projects across the country.