The Chief Magistrate ruled that the matter should return to the original trial magistrate, Hon. Dolphina Alego, who had already handled a significant part of the case.
The court said completing the case before the same magistrate would promote fairness, consistency, and efficient delivery of justice.
Court applies trial continuity principle
The court relied on Section 200 of the Criminal Procedure Code, which guides courts when a new magistrate takes over an ongoing trial.
The magistrate held that courts should avoid restarting cases that have reached advanced stages.
The ruling stated that the case should continue before Magistrate Dolphina Alego because she had already handled the defence hearing stage.
The decision followed a request for directions after Alego transferred from the station.
Background of the land dispute
The long-running land dispute case has continued for more than a decade.
The matter has moved through several courts, including:
- Environment and Land Court
- High Court
- Court of Appeal
- Magistrates’ Court
Court records show that both parties have filed several applications, appeals, and procedural challenges during the dispute.
Court confirmed ownership of Nairobi property
Previous proceedings determined ownership of the disputed property.
The Environment and Land Court issued a judgment on July 28, 2022, declaring Ashok Rupshi Shah the lawful owner of the land.
The property is identified as LR No. 18485 (IR 64011), located in Lower Kabete, Nairobi.
The Court of Appeal later issued orders preventing interference with ownership records.
The court directed Davis Nathan Chelogoi and other parties not to dispose of, transfer, or interfere with land records linked to Shah’s ownership.
Criminal proceedings over alleged fraud
The dispute has also resulted in separate criminal proceedings.
Authorities charged Chelogoi with offences including conspiracy to defraud, forgery, and uttering false documents under the Penal Code.
The charges relate to allegations surrounding the acquisition and registration of the disputed property.
Investigators began reviewing the matter after receiving complaints about alleged irregular title acquisition.
Land registry reviews ownership documents
The Ministry of Lands also summoned the parties to verify ownership documents.
The summons required:
- Ashok Rupshi Shah
- Hitenkumar Amritlal Raja
- Davis Nathan Chelogoi
to present original title documents for examination.
The process aimed to confirm the authenticity of the ownership records.
Court emphasises finality of legal decisions
The latest ruling highlights the importance of judicial continuity.
The court noted that advanced cases should not restart unnecessarily because doing so can delay justice.
The ruling also reinforced key principles:
- Courts determine ownership through legal processes.
- Parties must follow lawful procedures when challenging land records.
- Judicial decisions remain binding unless another court overturns them.
Case moves toward final determination
The matter will now return to Magistrate Dolphina Alego for completion.
The decision marks another major step in a dispute that has involved multiple courts and years of litigation.
The final outcome will test the importance of respecting judicial decisions and protecting lawful property rights.
