NAIROBI, Kenya, Mar 14 – An attempt to have former provincial commissioner Nathan Chelogoi to take plea in Sh1.5 billion land case failed to take off at Nairobi hospital after the management said they were not informed that the court could hold a session at the hospital.
Trial magistrate Dolphine Alego was at the hospital with the prosecutor and parties representing the accused persons ready to have the accused, Chelugei take plea.
The court was informed by the chief security officer at the hospital that a formal application ought to have been made and the same be copied to the Chief Executive officer of the institution so as to make arrangements as to whether the court could hold a session at the patient’s bedside.
The decision to have the accused take plea at the hospital was decided by the court on February 12 after the prosecution raised concerns for failure by the accused person to attend the court and to take plea.
Chelogoi is charged alongside Andrew Aswro Kirungu who has since been charged and religiously attending courts.
The two face a charge of fraudulent acquisition of a property located at Loresho, Nairobi County.
The sued property is a legal tussle between the two accused persons and a business tycoon Ashok Shah ( the complainant).
At the hospital Shahs’ lawyer Suleiman Bashir made an application seeking trial magistrate to disqualify herself and have the file placed before Chief Magistrate for the allocation to another court.
The application for Reccursal for disqualification was strongly opposed by Chelogois lawyer prof, Tom Ojienda on grounds that such application ought to have been made by the prosecution, the defence counsels and not lawyer watching brief for the complainant.
The court made an observation that the application for disqualification was made in bad faith, saying the order to visit the hospital was made in an open court before all parties, there is no substantial grounds on which the court disqualifies itself.
Th trial magistrate said she had not visited the hospital on private capacity but as a court.
The disputed land ownership touching on Chelogoi and the late Jacob Juma was the subject of a visit by land cabinet secretary Alice Wahome last week but her visit was met with Anger from the youth who thought the CS was interfering with a private property.
