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Court Dismisses Former Nairobi PC Chelogoi’s Bid to Block Sh1.35B Land Fraud Case
"I have noticed that the matter has been mentioned several times without the appearance of the petitioner or his advocates for prosecution. I hereby dismiss the application with no directions as to cost," the Judge ordered.
The High Court has dismissed the application by former Nairobi Provincial Commissioner (PC) Davis Nathan Chelogoi following his failure to appear in court for prosecution.
Sitting in the High Court Constitution and Human Rights Division, Justice Patricia Nyaundi noted that the matter has been mentioned several times without any appearance after the advocates ceased acting on behalf of the former PC.
“I have noticed that the matter has been mentioned several times without the appearance of the petitioner or his advocates for prosecution. I hereby dismiss the application with no directions as to cost,” the Judge ordered.
The former PC had raised concern before the Judge seeking the quashing of criminal charges against him or investigations, claiming the actions to be malicious and abuse of office by the respondents.
In the application, Chelogoi had featured the DCI, the DPP, the Chief Magistrate’s Court, Nairobi, Ashok Rupshi Shah, and Hitenkumar Raja as respondents.
He had requested anticipatory bail or a block on imminent arrest.
Further, he wanted the court to grant conservatory orders to stop the state agencies from taking adverse action pending the full determination of the case where he (Chelogoi), jointly with Assistant Deputy Director in the Lands Administration Office, Andrew Aseri Kirungu, was charged with KSh 1.35 billion land fraud in Lower Kabete.
The matter stems from where the duo was charged with conspiring to defraud Ashok Rupshi and Hitenkumar Amritlal Raja of the said land measuring 7.39 Hectares situated along Lower Kabete Road.
Kirungu was further charged with fraudulently obtaining a Land registration number.
The prosecution alleged that on diverse dates between May 2020 and June 2021, Kirungu and Chelogoi, while at the State Department of Lands and Physical Planning in Nairobi, with intent to defraud, procured registration of the said land by falsely pretending the land belonged to Davis Nathan Chelogoi.
He was further charged with abuse of office contrary to section 101 of the Penal Code.
According to the Prosecution, Kirungu on diverse dates between December 2020 and May 2021 at the State Department of Lands and Physical Planning in Nairobi, a person employed in the Public service as an Assistant Deputy Director in the Lands Administration Officer, for gain, fraudulently made certificate of Title in abuse of the authority of his office, which was prejudicial to the alleged legal owners of the said land.
The application was dismissed without any cost.
