Court gavel./FILE
Former Nairobi provincial commissioner Davis Chelogoi has lost a bid to halt his prosecution in a Sh1.35bn land fraud case.
This is after the High Court dismissed an application in which Chelogoi had challenged criminal proceedings against him at the Milimani magistrate court.
High Court judge Alexander Muteti directed that the criminal matter before Chief Magistrate Dolphina Alego proceed to its conclusion.
Chelogoi was in March 2024 charged with six counts of fraud, conspiracy to defraud and forgery in relation to the land located in Nairobi’s Lower Kabete area.
Justice Muteti directed that the matter be mentioned before the magistrate Alego on September 1, 2026 when parties are expected to agree on dates for the continuation of the hearing.
Chelogoi had moved to the High Court challenging proceedings in the criminal case, including issues relating to his right to a fair hearing and the jurisdiction of the magistrate following her transfer from the criminal division.
The magistrate had handled part of the matter before she was transferred to another station. The complainants had opposed his application, asking the High Court to allow the criminal proceedings to continue to conclusion.
During submissions before Justice Alexander Muteti, counsel for the complainants argued that the issues raised by Chelogoi had already been addressed in the lower court and in previous proceedings.
They argued that the application amounted to an attempt to interrupt a criminal trial that had already reached an advanced stage. They told the court that the prosecution had concluded its case and that the accused persons had already been placed on their defence.
The Director of Public Prosecutions maintained that the application had been improperly presented as judicial review and constitutional proceedings despite arising from an ongoing criminal trial.
“I still maintain that these are judicial review proceedings,” counsel submitted. The prosecutors accused Chelogoi of pursuing similar issues before different courts and divisions, arguing that the available legal avenues included proceedings before the trial court.
They urged the High Court not to interfere with the criminal case, saying doing so would delay the conclusion of the matter.
Chelogoi had pleaded not guilty to the charges and was released on a Sh5 million bail.
