DPP Urges High Court to Dismiss Ex-PC Chelogoi’s KSh 1.35B Land Fraud Application

The Director of Public Prosecutions (DPP) has urged the High Court to dismiss the application by the former Nairobi Provincial Commissioner in a  KSh 1.35 billion land fraud case, where he raises the questions of jurisdiction and fair trial against the subordinate court in concluding the matter.

Appearing before Justice Alexander Muteti on Wednesday, the DPP, through lawyers Idris Ali, Lorna Miima and Allan Mogere in their submissions, urged the Judge to dismiss the application filed by the former PC Davis Nathan Chelogoi through his lawyer Harrison Kinyanjui, requesting the court to give directions that the matter pending in the lower court be transferred to another Magistrate.

While opposing the application, Ali submitted that the matter has proceeded before Chief Magistrate Dolphina Alego, and it is in its tail end where the accused persons have defended themselves and the issues they are raising in the High Court have already been canvassed in the lower court.

“Your Honour, the matter is almost concluded, considering the applicant has already defended himself after all witnesses gave their testimonies, and what was remaining is cross-examination,” Ali notified the court.

He dismissed the issue of lack of fair trial raised by the applicant, saying it lacks merit in reference to Article 200 of the Criminal Procedure Code when a criminal trial is transferred to a succeeding magistrate.

“My lord, the presiding Magistrate was transferred into the Environment and Land Court division ELC, the court of the same jurisdiction, while the applicant wanted the matter to be taken to the magistrate of his choice, who mentioned the matter on January 21, 2026,” Ali submitted.

Ali told the court that Article 200 was not invoked because the matter had reached its final stage and the Section does not prohibit the trial Magistrate or Judge from being recalled to conclude the case. He added that during the transfer of the trial Magistrate, the matter was almost concluded and was not a part heard trial since all the witnesses had testified and the applicant had defended himself.

The court was notified that, when the case was mentioned before Principal Magistrate Rose Ndombi on January 21, 2026, no orders were given except directing the proceedings to be typed as requested by the applicant.

Justice Muteti also heard that when the applicant was to be cross-examined on April 28, 2026, he excused himself together with his counsel and went out after the High Court order they produced to halt the proceedings was dismissed by the court.

“The order was vague and did not disclose the case number that was referred, and also the issuance dates. It was issued on January 28, 2026, and sealed on April 28, 2026, and due to those reasons, the court directed it to proceed with the defence of the second accused,” Mogere told the court.

Further, he told the court that this is a ploy by the applicant to delay the matter, and so far, 18 witnesses have testified, and he has testified in his defence.

“So the claims by the applicant that they were denied a fair trial lack merit, and I pray the application be dismissed,” he said.

The applicant also claimed that the right to a fair hearing was invoked when the trial proceeded in his absence on April 22, 2026, when it was mentioned before Alego. In response, Ms. Miima told Justice Muteti that all the parties were present except the counsel for the applicant, and he did not raise any issue.

On the issue of Jurisdiction, where the applicant claims that the court does not hold, she said that the Magistrate Act establishes and governs the operation of magistrates’ courts, and the courts of the same jurisdiction are the same in nature despite the divisions that create convenience.

“My lord, the matter has reached its tail end, and the transfer of the Magistrate to another division does not disqualify her to conclude the matter,” Miima said.

She urged the court to dismiss the application by the applicant and prayed the court to direct the matter to be concluded by the trial Magistrate.

The applicant had earlier applied for the recusal of the trial Magistrate, citing bias as the reason, but the application was dismissed for lack of concrete grounds.

When the file was transferred before the Chief Magistrate to determine how the matter would proceed, he  ruled the case to be concluded by the Magistrate who initiated it.

“The matter has reached the tail end since the prosecution has produced all the witnesses in support of their case and the accused has put on their defence.” Magistrate Onyina said.

He said that the application for the recusal of the trial magistrate could have been made immediately after the hearing commenced. “I have noted that the accused persons are on their defence after the prosecution produced 18 witnesses to support their case.”

The Magistrate also noted that Ms. Alego transferred to a neighbouring Commercial Division, where she can allocate time to conclude the matter.

Chelogoi has been charged with forging the title deed to the 7.39 hectares of land in Lower Kabete, which is registered in the names of Ashok Rupshi Shah and Hitenkumar Amritlal Raja.

He had finished tendering his sworn defence before  Alego, when, in a surprise turn of events, he asked the magistrate to recuse herself, claiming she was biased.

On March 5, 2026, the High Court delivered a ruling that the trial judge declined to stop the criminal prosecution of the ex-PC and Andrew Aseli Kirungu, a staff member from the Ministry of Lands.

In the high court case, it emerged that the disputed land is registered under two parallel title deeds, one in Chelogoi’s name and another held by businessmen Ashok Rupshi Shah and Hitenkumar Amritlal Raja.

The court will deliver its ruling on July 30, 2026.