Court declines DPP's bid to introduce new evidence in Ksh.109M graft case against Swazuri

Justice Esther Maina dismissed the application by the DPP that sought to have the Trial Magistrate Victor Wakhumile recuse himself and also to amend the charges so as to introduce new evidence. 

Justice Maina in her ruling said that there are no illegalities made by the trial magistrate's ruling.

Magistrate Wakhumile had ruled that the prosecution had all the opportunity to place evidence during the investigations and therefore cannot be allowed to place new evidence five years after the commencement of the trial.

She thus declined the application to have the charges amended.

Swazuri and others were charged six years ago and so far only six witnesses have testified in the case.

They were charged in connection with alleged irregular compensation for the acquisition of the Mombasa Port Area Development land.

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. They have all denied the charges leveled against them.