Former Nairobi Provincial Commissioner (PC) Davis Nathan Chalogoi now risks jail term after failing to appear in court for the third time despite numerous court orders.
Former Nairobi Provincial Commissioner (PC) Davis Nathan Chalogoi now risks jail term.
“The fact that the counsels to the suspect are in court, is already enough of an indicator that they were aware that he was supposed to plead to the charges, “ruled Magistrate Dolphin Alego while issuing the warrant of arrest.
The defense lawyers had argued that they were not aware that a plea was to be taken today and that they had not been served with the order.
She ruled that it cannot be ironic that the suspect’s lawyers are in court while he is not.
Alego said that this game from the side of suspects has been taken too far and that she has seen an affidavit of service.
“The defense counsels lead by Suleiman Bashir have been putting in applications saying that they will produce the accused, but I think the police have been reluctant to arrest the suspect, “added Alego.
She added that the counsels watching briefs for the complainant have done everything possible to ensure the suspect takes a plea.
The magistrate advised law enforcement officers as per the functionally binding Constitution of 2010.
Last week, trial magistrate Alego had ordered Chelogoi to appear in court to answer to the charges of conspiracy to defraud businessmen.
The magistrate said that this is the last warrant of arrest being issued against him, saying that if he fails to appear in court, then the court will take further actions and issue further directions.
The prosecution alleges that Chelogoi conspired to defraud Ashok Rupshi and Hitenkumar Amritlal Raja of the said land, measuring 7.39 hectares, situated along Lower Kabete Road.
This is the fourth warrant of arrest issued against Chelogoi.
His co-accused has taken a plea and has been appearing in court.
The court together with the prosecution, victim lawyers, defense, and media had also visited the Hospital ward where was alleged to be but was denied access.
Magistrate Alego when she visited the Nairobi Hospital where Chelogoi was alleged to b bedridden.
The hospital security intervened and said that the court was in breach of their rules and protocols since they were unaware of their visit to the hospital.
The hospital security team said that the rights of privacy against their clients have to be safeguarded, and in case of anything, the management ought to have been notified first.
Present at the hospital was magistrate Dolphina Alego, lawyers Suleiman Bashir for the victim, and Tom Ojienda for the suspect.
The court had ordered Chelogoi to take a plea where he is by Thursday because of various adjournments that the defense had on several occasions requested.
The suspect is accused of conspiracy to defraud a businessman’s 7.39-hectare parcel of land located in Lower Kabete worth Sh1.35 billion.
Victim lawyer Suleiman Bashir, while addressing the media outside the court, expressed his frustration with the actions of the suspect.
He said that he is concerned that there is malice and delay tactics.
Magistrate Alego directed all parties to file a formal application by the next mentioned date, and they left the hospital.
Alego had issued the order after Chelogoi failed to appear in court on Wednesday for plea-taking.
Chelogoi had been scheduled to plead guilty to the fraud charges after failing for a third time to appear in court.
When the matter came up for plea-taking, his lawyer, Prof. Tom Ojienda, urged the court to defer the plea, saying Chelogoi is still unwell.
But the prosecution opposed the application for adjournment, asking the court to order an Investigating officer to visit Chelogoi where he is and make a report before the court could issue further orders.
The court was told that Chelogoi has been avoiding pleading to the charges of land fraud since November last year.
“My client is still sick as per his medical documents from his doctor at Kenyatta National Hospital (KNH) we are seeking a defer of the case,” said Prof Ojienda.
The medical document from KNH was produced to court by lawyer Ojienda who sought for more time to have a civil case pending before the High Court.
However, the magistrate in her brief ruling, directed the court to move where Chelogoi is on Thursday at 10 am and take plea in the case.
Earlier, Chelogoi had obtained anticipatory bail from the High Court under instructions that he should avail himself to Court for plea taking only for him to disappear to an unknown place.
However, the prosecution informed the court that Chelogoi failed to comply with the earlier court orders.
“The magistrate had pointed out that the accused was even earlier given cash bail by the Superior Court in a bid to present himself to court for plea taking yet he has not adhered to the same, Court orders are not made in vain.
“In view of the prosecution’s submissions, this court issues a warrant of arrest Against Chelogoi,” the Magistrate had said in her ruling three weeks ago.
In the case, Chelogoi is to be charged alongside the deputy land registrar Andrew Aseri Kirungu with conspiracy to defraud Ashok Rupshi and Hitenkumar Amritlal Raja of their parcel of land valued at Sh1, 350,000,000.
Chelogoi separately faces a charge of forcible detainer of the said land where the prosecution claims that he unlawfully detained the land on unknown dates between December 9, 2020 and December 12, 2023.
He also faces a charge of forging a letter of allotment ref. no.75707/ VII dated January 31, 1995, purporting it to be a genuine and valid letter issued by the commissioner of lands.
He is also said to have forged a signature and stamp impression of a land registrar officer namely Pauline Achieng Pesa on or before January 16, 2023.
Kirungu has since denied the charges and is out on a cash bail.
The prosecution informed the Court that they intend to parade a total of 21 witnesses in the case.
