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Lands Commisioner faces arrest over irregular land award

11 March 2014, 22:21 William Korir

Nairobi - Lands Commissioner Muhammad Swazuri faces imminent arrest for wrongful issuance of a title deed of a 10.4ha land.

Mr Swazuri alongside Mr Ceasar Mbaria, a survey director and the Chief Lands Registrar Samuel Watuka Muindi are facing contempt of court charges after allegedly authorizing a title deed to be issued when there there was a court order in place preventing any ongoing transaction with the land in dispute.

Moonglow Assets Limited wants Mr Swazuri to be jailed for six months by the Industrial Area prison.

Moonglow also want that Mr Swazuri be ordered to pay Sh 16M for instructing the demolition of a perimeter wall and guard house at a time which court had ordered that the status quo on the disputed land which was allegedly purchased at Sh 100M on September 14 2011  to remain.

“Mr Swazuri and Mr Mbaria despite being fully aware of that case authorized publication of a gazette notice directing the cancellation of the initial title deed and issued a new one in total disregard of the court order in place,”argues Moonglow.

The alleged cancellation and issuance took place on November 29, September 24 and December 9 last year.

Moonglow claims that the lands commissioner’s actions have put at risk construction material and property of being vandalised.

Besides puttting down the fence sorrounding the land, Moonglow also claim that on January 26 this year, Mr Muindi hired armed goons were sent to bring down the guard house using explosives which were recoverd by police and taken to Mlolongo police station.

Moonglow owners first filed a suit in relation with the said land and obtained the halting order.

Justice Mary Gitumbi said she will deliver a ruling on Friday March 14 on whether Mr Swazuri will be arrested.

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