The Magistrate handling a Ksh 1.35 billion land fraud case will deliver the ruling on whether the file will be allocated to a new Magistrate or to proceed before the trial Magistrate on April 14, 2026.
The decision comes after a litany of applications by two accused persons seeking various reliefs from both the High Court and Magistrates courts.
In a bid to get the case concluded, director of public prosecutions (DPP) through a prosecuting counsel Hilary Isiaho urged Milimani chief magistrate to dismiss an application by a former Nairobi provincial commissioner Davis Nathan Chelogoi petitioning the case to be 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.
On his part Kirunga has differed with Chelogoi on the recusal plea saying “the case is at its tail and should be concluded by Alego.”
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 defense 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 Honor, 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.
“Kirunga is not party to the application for the recusal of the magistrate neither 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 one 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 Chelungoi 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 the trial judge declined to stop the criminal prosecution of the ex-PC and Kirunga.
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.
Meanwhile a new defense lawyer Harrison Kinyanjui who was engaged recently by Chelogoi has sought to be furnished with typed copies of the proceedings before Alego to peruse them to see if there is a need to recall any of the witnesses for cross-examination.
Chelogoi has been charged with forging the title deed to the 7.39hectares of land in Lower Kabete which is registered in the names Ashok Rupshi Shah and Hitenkumar Amritlal Raja.,
