Court acquits Swazuri and 16 others in Sh221mn Kenya Railways land graft case

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NAIROBI, Kenya Mar 26 – Former National Land Commission (NLC) Chairman Mohammed Swazuri and 16 co-accused persons have been acquitted in the 2018 Sh221 million graft case linked to compensation for land acquired by Kenya Railways.In its ruling, the magistrate’s court found that the prosecution failed to prove the charges beyond reasonable doubt, bringing to a close the long-running case that had accused the group of conspiracy to defraud, abuse of office, and money laundering.Swazuri had been charged in 2018 and 2019 alongside 16 others over alleged irregular compensation payments tied to Kenya Railways land.However, the court held that none of the charges were sufficiently supported by evidence, noting that key elements of the alleged conspiracy were not established during the trial.The magistrate observed that the matter largely arose from an administrative process rather than criminal activity, adding that there was no proof that the compensation paid out was unlawful.On the issue of criminal liability, the court emphasised that public officials cannot be held culpable for actions taken based on existing land titles unless there is clear evidence of fraud or intent—evidence that was not presented in this case.The court further found that the prosecution failed to prove that the land in question was public land, with testimony indicating it bore characteristics of private or township land.Additionally, while title deeds existed, the prosecution did not demonstrate that they had been legally cancelled or invalidated, leaving their legality intact in law. The acquittal brings to an end a high-profile case that had been in court since 2018, with all the accused persons walking free.