Magistrate dismisses bid to remove her from case in land fraud case

A Nairobi Chief Magistrate Court has dismissed an application by an accused person seeking to have the trial magistrate withdraw from hearing a criminal case against him and his co-accused.

Chief Magistrate Dolphina Alego, sitting at the Milimani Law Courts, ruled that the application filed by the first accused, former Nairobi Provincial commissioner Davis Chelugoi, was an attempt to intimidate the court and lacked legal merit.

Chelugoi, alongside his co-accused Andrew Kirungu, is facing criminal charges in case number MCCR/E1137/2023.

The first accused had asked the magistrate to recuse herself, claiming bias and alleging that her “body language, writings, and conduct” showed prejudice against him.

In her strongly worded ruling, Magistrate Alego said the allegations were baseless and amounted to an effort to frustrate the judicial process.

“The application is properly executed to intimidate. This court cannot dislike itself because parties do not like its body language. The court is under oath to be above all allegations,” she said.

She further ruled that the defence had been given a fair opportunity to present its case but had resorted to repeated adjournments and unsubstantiated claims.

“The said defence case is ongoing, and the applicant has been given a chance to prove his case but not to intimidate the court,” she said.

The magistrate added that only one of the two accused persons had filed the application, describing it as a deliberate attempt to delay the conclusion of the trial.

She said judicial officers can only recuse themselves where a reasonable and informed observer would conclude there is a real possibility of bias.

“The application for recusal herein is based on speculation, conjecture, and sheer paranoia, and falls short of the legal threshold,” the magistrate ruled.

She emphasized that the independence of the judiciary must be safeguarded and that courts should not yield to pressure or intimidation from parties involved in ongoing proceedings.

Consequently, the court dismissed the application and directed that the defence hearing continues.
The matter will be heard on November 16, 17, and 18, 2025.