The High Court has directed that proceedings in the Ksh1.3 billion Lower Kabete land fraud case involving former Nairobi Provincial Commissioner Davis Nathan Chelogoi return to the magistrate’s court for further proceedings.
The decision was made in High Court case HCCHRPET/E155/2024, Davis Nathan Chelogoi v Director of Criminal Investigations, the Office of the Director of Public Prosecutions and three others.
The matter is scheduled for mention before Magistrate Alego on September 1, 2026, before the magistrate, when parties are expected to agree on dates for the continuation of the case.
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 who handled part of the matter after being transferred to another station.
The complainants had opposed his application, asking the High Court to allow the criminal proceedings to continue to conclusion before high court.
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 involving the case.
The complainants’ lawyers further 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.
Counsel 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 complainants also 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 further delay a matter that had been before the courts for several years.
The Ksh1.3 billion dispute relates to allegations surrounding the Lower Kabete property, with Chelogoi challenging aspects of the criminal proceedings against him.
With the High Court directing the matter back to the magistrate’s court, parties are expected to appear on September 1 to set dates for the next stage of the criminal proceedings.
