Lawyer of hiding suspects wants to block arrest warrant

Prof Swazuri (right) and his co-accused when they appeared before the Anti-Corruption Court at Milimani in Nairobi on April 18, 2019. Two of Prof Swazuri's co-accused are still in hiding. PHOTO | FILE | NATION MEDIA GROUP

What you need to know:

  • The wanted directors of Mombasa-based Tornado Carriers Ltd are Mr Nazir Ahmed Matabkhan and Mr Shakil Ahmed Khan.
  • EACC detectives set camp at the Mombasa court after the suspects lawyer went to block an arrest warrant against them.

Two directors of a company linked to Sh109.8 million fraud case that saw former National Land Commission (NLC) boss Muhammad Swazuri and 10 others arrested have gone into hiding.

The directors of Mombasa-based Tornado Carriers Ltd, Mr Nazir Ahmed Matabkhan and Mr Shakil Ahmed Khan, are being hunted by detectives from the Ethics and Anti-Corruption Commission (EACC).

The two have been missing since the arrest and charging of Mr Swazuri over the corruption-related case.

“Our officers have been after the two whom we learnt have gone into hiding but we will catch up with them,” Mombasa EACC boss Japheth Baithalu told Nation.

ARREST WARRANT

A source told Nation that on Monday several EACC detectives camped at the Mombasa court should any of the suspects show up.

This is after a lawyer representing the two filed an application in court seeking to block an arrest warrant against the duo.

The two are linked to fraudulent compensation of land acquired by the NLC for the construction of the Mombasa Southern bypass and Kipevu new highway container terminal link road in 2013.

The land that was acquired belongs to the Tornado Carriers Ltd which is headed by the two suspects.

In their court filing, Mr Khan and Mr Matabkhan now want a declaration that the EACC has no jurisdiction to investigate any private person.

In their constitutional petition at the High Court in Mombasa, the two petitioners also argue that EACC has no power to file proceedings against anyone or recommend arrest and prosecution.

Through lawyer Kinyua Kamundi, they are also seeking a declaration that there is no Independent EACC in the country under Article 79 of the Constitution.

They also want an injunction restraining all magistrates’ courts and anti-corruption courts from receiving or accepting any charge sheet and hearing any criminal proceedings against them arising out of any allegation on acquisition of land compensation for part of Plot No. LR/MN/VI/3801, Portreitz, Mombasa.

 They argue that the Constitution required Parliament to enact legislation establishing an Independent Ethics and Anti-Corruption Commission with the status and powers of a Commission under Chapter 15 in the same manner as the Independent Electoral and Boundaries Commission.

“What Parliament enacted is Ethics and Anti-Corruption Commission under the Ethics and Anti-Corruption Commission Act No. 22 of 2011 and not an Independent Ethics and Anti-Corruption Commission under Article 79,” they further argue their case.

According to the petitioners, the office of the Director of Public Prosecution is also abusing Constitutional and statutory powers.

“The third petitioner (Tornado Carriers) has not yet received the full compensation for the land sought to be acquired,” they further argue.