A Nairobi court has ordered former Nairobi Provincial Commissioner (PC) Davis Nathan Chelogoi to take plead in a criminal case where he is accused of conspiring to defraud an Indian National 7.39 hectares parcel of land located at Lower Kabete worth Sh 1.35 billion

Milimani magistrate Dolphina Alego issued the order after Chelogoi failed to appear in court for plea taking, claiming through his lawyer Tom Ojianda that he is still under bed rest as he was instructed by his doctor at Kenyatta National Hospital (KNH).

The former PC was required to plead to the fraud charges yesterday but he failed to attend court since had been instructed by his doctor to remain under bed rest for a period of two weeks.

The medical document from KNH was produced to court by lawyer Ojianda who sought for more days upon which he will bring Chelogoei to court to take plea.

However the magistrate allowed the application and ordered Chelogoei to present himself and plead to the charges against him on March 12.

Earlier Chelogoei had obtained an anticipatory bail from the High Court under instructions that he should avail himself to Court for plea taking only for him to disappear to unknown place..

However, the prosecution informed the court that Chelogoei failed to comply with the earlier court orders.

“The accused was even 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. The superior court which binds the magistrates court had equally pronounced itself and given the accused person cash bail to cushion his arrest and thus present himself before the court, however he never took the directions seriously. In view of the prosecution’s submissions, this court issues a warrant of arrest Against Chelogoi.” the Magistrate had said in her ruling.

In the case, Chelogoi is charged alongside the deputy land registrar Andrew Aseri Kirungu faces charges of conspiracy to defraud Mr. Ashok Rupshi and Hitenkumar Amritlal Raja of their parcel of land valued at Sh 1,350,000,000.

Chelogoi separately faces a charge of forcible detainer of the said land where the prosecution claim that he unlawfully detained the land on unknown dates between December 9, 2020 and December 12, 2023.

He also face a charge of forging a letter of allotment ref.no.75707/ VII dated January 31, 1995 purporting it to be genuine and valid letter issued by 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.

The prosecution has so far informed the Court that they intend to parade a total of 21 witnesses in the case

source:rofinamedia