Court Rejects Ex-PC’s Bid to Oust Magistrate, Orders Conclusion of KSh 1.35B Land Fraud Case

The KSh 1.35 billion land fraud case involving a former Nairobi Provincial Commissioner, PC, and a staff member from the Ministry of Lands will be concluded by the Magistrate who initiated the matter, the court has ruled.

In the ruling that was delivered on Tuesday by the Milimani Chief Magistrate Lucas Onyina, he stated that “the matter has reached the tail end since the prosecution has produced all the witnesses in support of their case and the accused put on their defence.”

He said that the application for the recusal of the trial magistrate could have been made immediately when the hearing commenced. “I have noted that the accused persons were put 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.

The ruling comes after a litany of applications by two accused persons seeking various reliefs from both the High Court and the Magistrates’ Courts.

Further, the Magistrate directed the matter to be mentioned before Dolphina Alego on April 22, 2026.

The Director of Public Prosecutions (DPP), through a prosecuting counsel, Hilary Isiaho, urged the Milimani Chief Magistrate to dismiss an application by the former PC, Davis Nathan Chelogoi, to have the case referred to another magistrate.

Chelogoi, who is charged alongside a senior lands official, Andrew Aseli Kirungu, applied for the recusal of the trial magistrate, Dolphina Alego, claiming she is biased.

Alego, who has tried Chelogoi and Kirungu, concluded receiving evidence and has put the two on their defence, having concluded each of them has a case to answer.

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

The magistrate declined to quit the case, saying the application by Chelogoi lacked merit and was aimed at delaying the conclusion of the case, “which is at its tail-end.”

On his part, Kirungu is urging the court to proceed and determine the Sh1.35bn land fraud case for justice to be done.

“Your Honour, I urge this court to order that this case be concluded by Ms Alego. I am a civil servant with one year to retire, and I want this matter determined either way so that I can plan my retirement,” Mr Kurungu petitioned Chief Magistrate Lucas Onyina.

Through lawyer Lorna Miima, the lands officer who has differed sharply with Chelogoi, prayed to Onyina to refer the case to  Alego to conclude it.

“Kirungu is not party to the application for the recusal of the magistrate, nor is he a party to the high court cases. He, just like the complainants, is also seeking justice by getting the matter out of his way since he is preparing to retire in the next year,”  Miima submitted.

The magistrate heard from  Isiaho that the ex-PC has petitioned the High Court twice seeking to quash the criminal case against him, but Judges Alexander Muteti and Oscar Angote have dismissed the cases

Isiaho submitted that the application by  Chelogoi lacks merit and therefore “a delaying tactic to deny the complainants-  Ashok Rupshi Shah and Hitenkumar Amritlal Raja justice, having waited for it for 17 years.”

Pleaded  Isiaho, “I urge this court to dismiss the application by  Chelogoi. It is a delaying tactic for the case to remain longer in court.”

Isiaho urged the magistrate to return the file to  Alego as directed by the two Judges of the High Court, who asked the accused to defend his innocence before the trial magistrate.

The magistrate heard in the March 5, 2026, High Court ruling that the trial judge declined to stop the criminal prosecution of the ex-PC and Kirungu.

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 judge dismissed Chelogoi’s application seeking permission to file judicial review proceedings against the Office of the Director of Public Prosecutions (ODPP) and the Directorate of Criminal Investigations (DCI).

Justice Muteti equally dismissed Chelogoi’s application to review a decision by  Alego that the case should proceed to its logical conclusion.

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