A Milimani Magistrates Court will on Thursday morning pay a visit to former Nairobi Provincial Commissioner Davis Nathan Chelogoi to facilitate plea-taking.
Chelogoi and deputy land registrar Andrew Aseri Kirungu are facing charges of allegedly conspiring to defraud a parcel of land.
They were scheduled to appear before Principal Magistrate Dolphina Alego on Tuesday, but Chelogoi did not show up.
His lawyer, Senior Counsel Tom Ojienda told the court that the man is sick and presented a doctor's report as proof.
The document said he has hypertension and other medical conditions.
Ojienda said prior to his health failing, Chelogoi was aware that he was supposed to appear in court.
"He is not avoiding court rather he is unable to attend owing to his medical condition," the counsel said.
The court, however, heard that in the other matters Chelogoi is facing, medical reports have been brought up to explain his absence.
He has a matter before the High Court and the Environment and Land Court.
The state argued that the current medical document contained the same conditions as the last report submitted.
It urged the court to make an order for the Investigating Officer to probe whether or not Chelogoi is capable of coming to court to take a plea.
The prosecution further noted that neither the High Court nor ELC have issued any prohibition from proceeding with the matter before the Magistrate's Court.
It emphasised that Chelogoi should be presented for plea-taking, pointing out that the court should avoid unnecessary delays in the matter.
After considering the submissions, Magistrate Alego ordered the litigants to prepare for the aforementioned visit to Chelogoi's.
The court had earlier on issued a warrant of arrest for Chelogoi after he failed to appear in court for plea-taking.
While issuing the warrant, Alego noted that the man had obtained anticipatory bail from the High Court under instructions that he should avail himself to the Court for plea taking only for him not to appear.
"Court orders are not made in vain. The superior court which binds this particular court had equally pronounced itself and given the first accused person(Chelogoi) cash bail to cushion his arrest and thus present himself to this court but this has not been taken seriously," Alego observed on February 15.
"In view of the submissions today, both the prosecution counsel and the victim’s counsel have a warrant of arrest against the said accused, and the court equally appreciates the second accused and his counsel."
