Former Nairobi Provincial Commissioner (PC) Davis Nathan Chalogoi charged with Sh 1.3 Billion land fraud will now process bond terms at Hospital Bed.
When the matter came for bond ruling before magistrate Dolphin Alego,he was granted a bond of Sh 10 MILLION plus 2 surety of similar amounts or a cash bail of Sh 5M.’
The accused had already spent four days in custody but today informed the court that he is unwell and he will be taken to Nairobi Hospital for further treatment as he processes bail.
Former Nairobi Provincial Commissioner (PC) Davis Nathan Chalogoi charged with Sh 1.3 Billion land fraud
He appeared in court last week after victim lawyer Suleiman Bashir pushed for a warrant of arrest, as he had missed court four times.
The defense lawyers had argued that they were not aware that a plea was to be taken on Thursday last week and that they had not been served with the order.
The magistrate had ruled that it could not 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.
“Defense lawyers 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.
Former Nairobi Provincial Commissioner (PC) Davis Nathan Chalogoi
She added that lawyer Bashir, who is watching briefs for the complainant, has done everything possible to ensure the suspect takes a plea.
The magistrate advised law enforcement officers as per the functional binding constitution 2010.
He faces six fraud charges.
In the first count, he is charged with defrauding businessman Ashok Rupshi Shah and Hitenkumar Amritlal Raja of a parcel of land measuring 7.390 hectares situated in Lower Kabete Road valued at Sh1.3 billion.
He also faces other counts of forgery and uttering a forged document.
The prosecution told the court that Chelogoi forged a letter of allotment dated 31st January 1995 and a certificate of title.
Through his lawyer, Chelogoi asked the court to grant him bail saying that he would abide by the court directions and that he would attend the court proceedings.
Chelogoi had previously failed to honor court summons and despite four previous warrants of arrest being issued against him.
Last week, trial magistrate Alego ordered Chelogoi to appear in court to answer 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 action and issue further directions.
A fourth warrant of arrest had been issued against him.
Lawyer Bashir had told the court that the accused wanted to frustrate justice by defying numerous court orders.
His co-accused has already 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 it was alleged to be, but was denied access.
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 were magistrate Dolphina Alego, lawyers Suleiman Bashir for the victim, and Tom Ojienda for the suspect.
The court had ordered Chelogoi to take his 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 about a 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 mention 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 plea-taking, 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.
