A magistrate handling a Sh1.35 billion land fraud case has faced delays after a series of applications by two accused persons seeking relief from both the High Court and the Magistrates’ Court.
In a bid to fast-track the matter, the Director of Public Prosecutions (DPP), through prosecutor Hilary Isiaho, urged the Milimani Chief Magistrate to dismiss an application by former Nairobi Provincial Commissioner Davis Nathan Chelogoi seeking to have the case transferred to another magistrate.
Chelogoi, who is charged alongside senior lands official Andrew Aseli Kirungu, had applied for the recusal of trial magistrate Dolphina Alego, claiming bias. However, Kirungu opposed the move, insisting the case is at its final stage and should be concluded by Alego.
Alego has already heard the case and ruled that both accused have a case to answer. Chelogoi had even completed his sworn defence before unexpectedly seeking the magistrate’s recusal. Alego dismissed the request, terming it baseless and a tactic to delay the case.
Kirungu urged the court to allow Alego to conclude the matter, citing his impending retirement. Through his lawyer Lorna Miima, he argued he is not party to the recusal application and is keen to see the case resolved without further delays.
The court heard that Chelogoi had unsuccessfully moved to the High Court twice to quash the case, but his applications were dismissed by Justices Alexander Muteti and Oscar Angote.
Isiaho maintained the latest application is a delaying tactic, denying complainants Ashok Rupshi Shah and Hitenkumar Amritlal Raja justice after 17 years.
The High Court also declined to halt the prosecution, noting the disputed land has two parallel title deeds, raising concerns over possible fraud and irregular allocation of public land.
Chelogoi, now represented by lawyer Harrison Kinyanjui, has requested typed proceedings to review the case and determine whether to recall witnesses for further cross-examination. Both accused remain out on bond.
Hearing resumes on April 9, 2026.
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