A Nairobi Court has directed Magistrate Dolphina Alego to continue with land Fraud Case involving Former Nairobi Provincial Commissioner Devis Chelangoi.
Chief Magistrate Lucas Onyina has directed the matter to be Mentioned by Magistrate Alego on January 28,2026 for directions.
This comes after the lawyer for complainant formally launched a complaint over the irregular transfer of a criminal case, alleging undue delay, judicial interference and prejudice of a former government official.
Miima & Company Advocates, representing the second accused, Andrew Kirungu Aseri, wrote to the Chief Magistrate at Milimani, Hon. Lucas Onyina, requesting intervention claiming the file was moved from Court 3 to Court 8 without judicial order or notifying the defence against a High Court directive.
The case, Republic v. Andrew Kirungu Aseri & Davis Nathan Chelugoi, involves fraud allegations and has been ongoing since 2023. From the letter, lawyers highlighted that the prosecution had already called 19 witnesses, and that the trial was at an advanced defence stage before Hon. Dolphina Alego in Court 3.
They also pointed out that the first accused had testified and was awaiting cross-examination however before they would continue with cross examination, the first accused filed a recusal application over bias which was dismissed by the High Court on January 21, 2026, and the court directed the trial to proceed before the original magistrate.
In spite of the directive, lawyers for the second accused discovered on January 21 that the file had been transferred to Court 8, presided over by Hon. Rose Ndombi.
In the letter the firm stated, “The impugned transfer has effectively reversed the matter from an advanced defence hearing back to mentions merely to ‘confirm typing of proceedings,’ thereby inevitably delaying final determination to his grave detriment.”
The new court then directed that the voluminous proceedings be typed and set the next mention for March 26, 2026, causing further delay.
The complaint cites multiple legal violations including Sections 79,80 and 200 of the Criminal Procedure Code as well as Article 50 of the Constitution: Violation of the right to a fair and expeditious trial.
Miima & Company Advocates has requested an urgent mention before the Chief Magistrate on January 22 to:
1. Clarify the legality of the file transfer.
2. Issue directions on the proper court to hear the case.
3. Ensure compliance with Section 200 of the CPC.
4. Give orders for the expeditious conclusion of the trial.
The firm warns that the transfer “borders on contempt of the High Court’s orders” and undermines judicial integrity.
Magistrate Lucas Onyina has directed the matter to be mentioned on December 28,2026
