The Director of Public Prosecutions (DPP) Noordin Haji applied to have lawyer Tom Ojienda barred from representing Mohammed Swazuri in court.
Haji wants Ojienda stopped from representing the embattled National Lands Commission Chairman over conflict of interest.
The DPP holds that the lawyer is unfit to form part of Swazuri’s defense counsel noting that he is guilty of conflict of interest.
On Tuesday, the troubled NLC chairman earned a reprieve after a Nairobi court ruled that he could resume office against his replacement at the Commission.
Anti-corruption principal magistrate Lawrence Mugambi ruled that Swazuri retains his right as a constitutional office holder and cannot be removed from office over being charged with a criminal offense.
The ruling implied that Swazuri can resume his duties and reclaim his position that had been taken over by his deputy Abigail Mbagaya.
Mugambi, however, directed that: “He(Swazuri) must have prior written authorization from the commission’s secretary who will consult with the investigative agencies to make arrangements to ensure contact with witnesses is minimized and any other evidence properly secured.”
Swazuri had, through lawyer Tom Ojienda, submitted that the anti-corruption court illegally suspended him from office without following the right procedure and opposed blocking him from accessing his office.
Ojienda submitted before the court that it was wrong for NLC to replace Prof Swazuri when he has not been convicted or legally removed from office.
“A constitutional office holder can only be removed from office through laid down procedure.
"By granting a bail term that stopped him from accessing his office, the magistrate made a mistake and violated the constitution, the NLC Act and the anti-corruption laws,”Ojienda argued in court.
The senior counsel has been Swazuri’s lawyer in a number of litigations.
Ojienda is remembered to have represented Swazuri since May 2017 when a former Nation journalist accused the lands boss of demanding for a bribe of kshs1.2 million.
The bribe was reported to have been intended to have NLC approve compensation for the former journalist's piece of land that the government acquired for the SGR project.
