High Court Judge Muteti Orders New Hearing in Chelogoi Recusal Bid, Dismissing Bias Claims
A High Court Judge has delivered a verdict,dismissing claims of bias against a chief magistrate while partially upholding an accused person’s challenge by directing that she should rehear a recusal case against her.
The ruling, delivered on 20 January, partially upheld a challenge by accused person Davis Nathan Chelogoi by setting aside a previous decision by Chief Magistrate Dolphinia Alego, who had dismissed Chelogoi’s recusal request last October without an oral hearing.
In his ruling Justice Muteti found this omission was a procedural error. “The omission to hear them on the formal application was an irregularity that would not pass the test of the provisions of Article 50 of the Constitution,”
Chelogoi had sought the High Court’s intervention to review and set aside Magistrate Alego’s ruling of 23 October 2025.In his application, Chelogoi levelled multiple accusations against Magistrate Alego. These included:
· Selective recording of court proceedings.
· Making improper judicial interventions.
· Adjudicating on land ownership matters outside her jurisdiction.
· Remarking that she was under external pressure.
However, the judge dismissed the core of Chelogoi’s application concluding that the serious accusations were not substantiated with demonstrable evidence from the trial record
“The applicant has not highlighted instances that would convince the court that proceedings have not been properly recorded,” he stated further noting that such serious claims “borders on criminality” and require concrete evidence.” read the ruling
The court directed that Chief Magistrate Dolphinia Alego reopen the case to conduct a proper oral hearing of the recusal application filed by accused person Davis Nathan Chelogoi should he still wish to pursue it. The dismissal of the core allegations of prejudice, allow the underlying criminal trial to continue before Magistrate Alego.
