The High Court has dismissed the Director of Public Prosecution’s (DPP) request to introduce new evidence in the case of former National Land Commission Chairman Mohammed Swazuri, who is facing Ksh.109 million fraud case.
Justice Esther Maina denied the DPP’s request that Trial Magistrate Victor Wakhumile recuse himself from the case and that the charges be amended to include new evidence.
In her ruling, Justice Maina stated that the trial magistrate’s ruling was not illegal.
Magistrate Wakhumile had earlier on ruled that the prosecution had ample opportunity to present evidence throughout the investigations and hence could not present additional evidence five years after the trial began.
As a result, she refused the application to alter the charges six years after Swazuri and others were charged.
They were arrested in connection with suspected irregular payment for the Mombasa Port Area Development land acquisition.
It is alleged that between January 11, 2017, and December 5, 2017, Swazuri and his co-accused jointly conspired to fraudulently pay Ksh.109,769,363 for the purported compulsory acquisition of land from Tornado Carriers Limited.
