Court clash turns tense in Sh1.3bn land case over alleged stay order

Clash erupts between lawyer and magistrate in ongoing Sh1.3bn land fraud case/JAMES GICHIGI

A heated courtroom exchange erupted in a Sh1.3 billion land case involving Davis Chelogoi and co-accused Andrew Kirungu, after a dispute over whether the trial should proceed in light of a reported High Court intervention.

The clash occurred before trial magistrate Dolphina Alego after defence counsel Harrison Kinyanjui objected to the continuation of the hearing, citing what he said was a High Court order issued by Justice Alexander Muteti allegedly staying the proceedings.

The two are in court for allegedly acquiring a prime land, claims they have denied.

The matter had earlier been returned to Magistrate Dolphina Alego following a directive by Chief Magistrate Lucas Onyina in a jurisdiction dispute.

Onyina ruled that the case should remain before the original trial court, noting that no successor magistrate had formally assumed jurisdiction in line with the law.

However, when the matter came up for hearing, Kinyanjui told the court he had moved to the High Court and obtained orders staying the proceedings.

He urged the magistrate to halt the hearing to allow service of the alleged orders, triggering the standoff.

“You are being unfair to the first accused person,” Kinyanjui told the court, insisting that the magistrate was bound by the High Court directive.

He later left the courtroom briefly, with the court’s permission, to seek verification from the judge’s deputy registrar, and returned with what he said were the stay orders.

The prosecution challenged the authenticity and applicability of the document, arguing that it did not clearly indicate the case number or specify which proceedings were being stayed.

In submissions, it was argued that the document appeared defective on its face and could not halt the ongoing trial.

The exchange escalated as both sides maintained opposing positions on the validity and effect of the alleged High Court orders. Responding to the objection, Kinyanjui questioned whether there was a suggestion that he had fabricated a court order, prompting intervention from Magistrate Alego.

“Those are your words,” Alego stated, urging counsel to maintain decorum.

“This is a court of record. You must respect the court of law. You might not respect or like the person sitting here, but the court should be respected.”

Despite the objections, the magistrate ruled that the proceedings would continue, noting that the defence had already served the prosecution with the document and that the court had considered its contents.

Following the ruling, the court proceeded with the matter in the absence of Davis Chelogoi, with co-accused Andrew Kirungu remaining in the dock.

The dispute later moved to the High Court, where Justice Alexander Muteti questioned the procedural confusion surrounding his orders.

The judge asked what had happened to the trial magistrate handling the matter and raised concerns over attempts to enjoin her personally in the proceedings.

"Is it good practice to sue magistrates in their names?" he posed to lawyer Kinyanjui.

It was agreed that the Attorney General be enjoined in the proceedings, noting that there was no party currently representing the magistrate.

The lawyer sought leave to amend the pleadings to include the Attorney General, a request that Justice Muteti allowed, directing that the AG be served and the matter be mentioned for further directions on April 30, 2026.

Amended documents show that Chelogoi has sued Chief Magistrate Lucas Onyina, Senior Principal Magistrate Dolphina Atieno Alego, the Director of Public Prosecutions, and the Attorney General as respondents.

The court also extended interim orders as the legal dispute over jurisdiction and the validity of the alleged stay order continues.