- This is after his lawyer Prof Tom Ojienda appeared before Milimani magistrate Dolphina Alego on Tuesday and pleaded for a deffer of the plea as Chelogoi is still under bed rest.
- Chelogoi is wanted by the court to answer to the charges of land fraud since November last year.
Image: FILE
Former Nairobi Provincial Commissioner (PC) Davis Nathan Chelogoi who is alleged to have conspired to defraud a businessman 7.39 hectares parcel of land located at Lower Kabete worth Sh1.35 billion has failed to plead to the charges again.
This is after his lawyer Prof Tom Ojienda appeared before Milimani magistrate Dolphina Alego on Tuesday and pleaded for a deffer of the plea as Chelogoi is still under bed rest.
Chelogoi is wanted by the court to answer to the charges of land fraud since November last year.
"My client is still under bed rest as he was instructed by his doctor at Kenyatta National Hospital (KNH) for two weeks. We are seeking for a defer of the case," Ojienda told the court.
The former PC was required to plead to the fraud charges Tuesday.
The medical document from KNH was produced to court by lawyer Ojienda who sought for more days upon which he will bring Chelogoi to court to take plea.
However, the magistrate allowed the application and ordered Chelogoei to present himself and plead to the charges against him on March 12.
Earlier, Chelogoi had obtained anticipatory bail from the High Court under instructions that he should avail himself to Court for plea taking only for him to disappear to an unknown place.
However, the prosecution informed the court that Chelogoi failed to comply with the earlier court orders.
"The accused was even given cash bail by the Superior Court in a bid to present himself to court for plea taking yet he has not adhered to the same, Court orders are not made in vain," the magistrate said.
"In view of the prosecution's submissions, this court issues a warrant of arrest Against Chelogoi," the Magistrate had said in her ruling two weeks ago.
However, on Tuesday, she ordered Chelogoi to appear in court on March 12 without fail.
In the case, Chelogoi is to be charged alongside the deputy land registrar Andrew Aseri Kirungu with conspiracy to defraud Ashok Rupshi and Hitenkumar Amritlal Raja of their parcel of land valued at Sh1,350,000,000.
Chelogoi separately faces a charge of forcible detainer of the said land where the prosecution claims that he unlawfully detained the land on unknown dates between December 9, 2020 and December 12, 2023.
He also faces a charge of forging a letter of allotment ref. no.75707/ VII dated January 31, 1995, purporting it to be a genuine and valid letter issued by the commissioner of lands.
He is also said to have forged a signature and stamp impression of a land registrar officer namely Pauline Achieng Pesa on or before January 16, 2023.
Kirungu has since denied the charges and is out on a cash bail.
The prosecution informed the Court that they intend to parade a total of 21 witnesses in the case.