A Ksh 1.3 billion fraud case involving a former provincial commissioner, Davis Nathan Chelogoi, and Assistant Deputy Director in the Lands Administration Office, Andrew Aseri Kirungu will proceed to the defence as it was planned.
Milimani Chief Magistrate Lucas Onyina directed last week the matter to proceed before the Trial Magistrate Dolphina Alego, where he instructed the case to be mentioned before her today January 28, 2026.
However, the case did not proceed today since the trial magistrate is on leave and the file was placed before Onyina who directed the matter to be mentioned on March 26, 2026, before Alego.
“Considering the trial Magistrate is on leave, I direct the case to be mentioned before her on March 26, 2026, to proceed with the defence hearing,” Onyina directed.
The duo were put on their defence in the fraud case where they were alleged to conspire to defraud businessemen Ashok Rupshi Shah and Hitenkumar Amritlal Raja, of a parcel of land worth Ksh 1.3 billion. The said parcel measuring 7.39 Hectares is situated along Lower Kabete Road.
After the full hearing, the duo were found with a case to answer and were put on their defence which would proceed on December 16, 17, and 18, 2025.
The delay to proceed on the defence started when Kirungu through his advocate applied the magistrate to recuse herself on the hearing of the case for what he termed as lack of confidence based on the body language of the magistrate.
He also averred that the court ignored the perversion of public knowledge of the particular case both in the newspapers and lately in parliament and other legal citations of the other legal cases in superior courts cited by counsel and his client.
The Magistrate dismissed the application citing that
the recusal of a Judicial officer, “The Judicial Service Commission made the Code of Conducts and Ethics Regulations 2020pursuant to Section 47(2)(a) of the Judicial Service Act, Section 37 of the Leadership and Integrity Act 2012…”
She added that the recusal of a judicial officer must be merited either due to the surrounding facts or appearance of bias. However, unnecessary for recusal is an affront to the independence of the Judiciary and decisional independence of the judges.
She concluded that the application was properly executed to intimidate and the judicial officers must not yield to such tactics. She concluded that the accused will proceed on their defence before the same court.
In the fraud case, the prosecution alleged that on diverse dates between May 2020 and June 2021, Kirungu and Chelogoi, while at the State Department of Lands and Physical Planning in Nairobi, with intent to defraud, procured registration of the said land by falsely pretending the land belonged to Davis Nathan Chelogoi.
He was further charged with abuse of office contrary to section 101 of the Penal Code.
According to the Prosecution, Kirungu on diverse dates between December 2020 and May 2021 at the State Department of Lands and Physical Planning in Nairobi, a person employed in the Public service as an Assistant Deputy Director in the Lands Administration Officer, for the purpose of gain, fraudulently made certificate of Title in abuse of the authority of his office which was prejudicial to the alleged legal owners of the said land.
The matter will be mentioned on March 26, 2026, when the trail Magistrate will give directions on defence proceedings.
