Former Nairobi PC Davis Nathan Chelogoi will now be charged where he is after the court issued that order.
When the matter came for plea-taking before magistrate Dolphina Alego, his lawyer, Tom Ojienda, said that he could not attend court since he was unwell.
“I present the medical documents in court indicating that my client is ailing and is an old man now, “added Ojienda.
Ojienda requested the magistrate adjourn the matter because of the condition of the accused.
The lawyer representing the victim, Ashok Kumar Rupshi, Suleiman Bashir, strongly opposed the application by the defense to adjourn the plea taking.
Bashir argued that there is no stay order in place to warrant the adjournment of the plea-taking,
He added that this is a matter of public interest since it involves a former government official who is frustrating the prosecution process.
Bashir narrated to the court how, on various occasions, Chelagoi has sought adjournments since December 2, 2023.
“The suspect has absconded court four times and nothing has happened, he always says that he is unwell while my client’s justice is being delayed, “added Bashir.
Bashir said that even the land cabinet secretary went to visit that land and was surrounded by goons, and her life was in threat.
PC Davis Nathan Chelogoi to take plea where he is
He said Chelagoi has been threatening his client, and now he is unable to access his property.
He said that since this is a criminal case, the suspect must take a plea. On the other hand lawyer Ojienda said the alleged goons were just 15-year-old girls and not goons.
In her ruling, magistrate Alego directed that a plea be taken where the accused is before Thursday this week.
Chelogoi is said to have illegally occupied an 8-acre parcel of land in Loresho, which the High Court ruled belongs to businessman Ashok Kumar Rupshi, ordering the former PC to surrender the property.
He was charged in another case alongside Andrew Aseri Kirungu with conspiracy to defraud the parcel of land valued at Ksh. 1.35 billion.
Chelogoi has previously been accused of frustrating the businessman, despite several court orders that ruled Ashok as the genuine owner of the land.
The said land battle dates back to 2019, with High Court case number 312 of 2009, between Ashok Kumar Rupshi, Hitten Kumar, and the late Jacob Juma.
With that hurdle out of the way, Ashok sought access to the 8-acre piece of land, but he encountered another hurdle when he was informed of another ownership dispute, that of Chelogoi. When the office of the chief land registrar summoned both parties, Chelogoi was absent.
Magistrate Dolphina Alego has previously issued an arrest warrant after Chelogoi failed to appear in court for plea taking, where he was jointly charged alongside Assistant Deputy Director in the Lands Administration Office Andrew Aseri Kirungu.
Kirungu was further charged with fraudulently obtaining a land registration number and abuse of office, contrary to Section 101 of the Penal Code.
