A court will on Thursday March 14, visit former Nairobi Provincial Commissioner Davis Nathan Chelogoi’s home for plea taking.
Chelogoi failed to appear in court for plea taking where he is jointly accused alongside Assistant Deputy Director in the Lands Administration Office Andrew Aseri Kirungu because of his health status.
“….Plea taking will be on Thursday at 10 am. The court will go wherever this accused person is to avoid further delay. The people in the matter will be there themselves,” the court ruled.
Chelogoi through his lawyer professor Tom Ojienda told principal Magistrate Dolphina Alego that he was suffering from hypertension and other medical conditions .
He told the court that he was not avoiding but unable to attend court owing to medical reasons.
Further he asked the court to summon his doctor to explain to the court his health status.
” ..Because of the complex medical terminology I request you to summon Dr Mwela to explain to the court this health status that has made him not to appear in court,” Ojienda told the court
The prosecution however asked the court to summon the investigation officer to appear in court on March 13, to give the real situation regarding the 1st accused person to avoid unnecessary delays.
“…I pray that this court makes an order for the investigation officer to investigate whether the accused person is capable of coming to court to take plea.”
The court heard that medical documents produced are the same conditions submitted the last time the matter was in court.
And that the court has not issued any stay orders or any prohibition which stops the court from proceeding with the matter.
The second accused person asked the court to direct the prosecution to amend the charge sheet to avoid being prejudiced if the tussle between Chelogoi and complainant proceeds for long.
“…There is serious litigation in respect to the first accused person and complainant. It’s imperative to note that the 2nd accused person being a civil servant will be greatly prejudiced if the tussle proceeds for long.”
Alego had on February 15, issued a warrant of arrest against the former Nairobi Provincial Commissioner for failing to attend court.
During the ruling, the court emphasized the importance of obeying court orders after an accused person is granted cash bail and ordered to appear in court.
“Court orders are not made in vain. The superior court which binds this particular court had equally pronounced itself and given the first accused person cash bail to cushion his arrest and thus present himself to this court but this has not been taken seriously,” ruled Alego.
“In view of the submissions today, both the prosecution counsel and the victim’s counsel have a warrant of arrest against the said accused, and the court equally appreciates the second accused and his counsel.”
Chelogoi is accused of illegally occupying an 8-acre parcel of land in Loresho which the High Court ruled belongs to businessman Ashok Kumar Rupshi, ordering the former PC to surrender the property.
He was charged alongside Kirungu with conspiracy to defraud the parcel of land valued at Sh1.35 billion.
Chelogoi has previously been accused of frustrating the businessman despite several court orders that ruled Ashok as the genuine owner of the land.
Kirungu was further charged with fraudulently obtaining a land registration number and abuse of office contrary to section 101 of the Penal Code.
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