At last, the long arm of the law has caught up with a former Nairobi deputy Provincial Commissioner Davis Nathan Chelogoi who has been charged with Sh 1.3 billion land fraud and then remanded in prison custody.
Chelogoi who has skipped court five times was brought on a warrant of arrest which had been in existence since December 22, 2023.
Chelogoi who is charged alongside a former senior lands officer Andrew Aseri Kirungu denied eight counts of forgery of a title deed of a parcel of land measuring 7.39 hactares the property of Ashok Rupshi Shah and Hitenkumar Amritlal Raja.
The former Provincial Administrator who is represented by Professor Tom Ojienda pleaded to be freed on a reasonable bond saying he has been sickly,
“Your honor my client is sickly person and he has been in and out of hospital,” said Ojienda.
The state prosecutor Sonia Njoki and the victim’s lawyer Suleiman Bashir opposed the accused person being freed on a reasonable bond since his behaviour portrays him otherwise,
“The accused herein has skipped court attendance for five times he never appear in court whenever this case is scheduled for plea taking,” said Njoki.
She added that “every time there has been an excuse and reasons why the accused could not attend court to take a plea.”
Quoting article 49 (1) (h), Ms Njoki asked the court to take judicial notice of the conduct of the accused person.
Mr Bashir for the victims took the court through the numerous occasions when the accused failed to attend court for processing,
“We are looking at a party who is a flight risk and a dangerous person to the witnesses in this case,” he said.
He also asked the magistrate to disregard submissions by Professor Ojienda that Chelogoi is a senior citizen who has served this country for 40 years and deserves to be treated with respect.
The lawyer however said his character betrays him and should be treated like any other common Kenyan since he will use his influence to victimize the complainants,
” The accused is a suitable candidate for detention in prison custody until the matter is heard and determined,” said Bashir.
In response, professor Ojienda said that a bond is a constitutional right that the accused should enjoy.
He added that the accused had been in and out of hospital over various health challenges.
In her short ruling Milimani senior principal magistrate Dolphina Alego directed the accused to be remanded in custody until Monday when she will determine whether he will be freed on bond,
“This matter was before me earlier in the day and I gave directions that police do arrest the accused who failed to turn up in court to answer the charges found against him,” said the magistrate.
She added that owing to the gravity of this matter and to elaborate on the submissions by the defence and prosecution she needs time to consider the application and then give a detailed ruling on March 25, 2024.
An attempt by the defence lawyer to introduce the detention place of the accused was stopped by the magistrate saying once an accused person takes a plea, the status changes.
Chelogoi was charged with eight counts of forgery of a title deed, forcible detention of a parcel of land, and uttering of a forged title to DCI officers purporting it to be genuine signed a land registrar Pauline Achieng Pesa.
He was also charged with procuring the registration of the said land in his name on December 9, 2020, while Kirungu his co-accused helped him to register the land in his name which was prejudicial to the rights of the owner.
Kirungu was charged on December 22, 2023, and he was released on bond of Sh 5 million or alternative cash bail of Sh 1 million.