In a significant procedural win for judicial continuity, the Milimani Law Courts have directed that the high-stakes criminal trial of former Provincial Commissioner Davis Nathan Chelogoi be returned to the magistrate who first heard the case.
Chief Magistrate Lucas Onyina dismissed an application by Chelogoi that sought to have the matter reassigned to a new judicial officer following the transfer of the previous trial magistrate, Hon. Dolphina Alego.
The Procedural Deadlock The defense had argued for a fresh start or a new presiding officer after Hon. Alego was moved to a different station. However, Magistrate Onyina ruled that because the case had already reached the defense hearing stage, reassignment would be counterproductive and legally inconsistent. He noted that no succeeding magistrate had formally taken over the case under Section 200 of the Criminal Procedure Code, which governs how a new magistrate may adopt a predecessor’s records.
A “Contentious” Case Describing the matter as “contentious,” the court emphasized that the magistrate who saw the prosecution close its case after 18 witnesses and 130 exhibits is the most qualified to deliver a final determination.
The dispute centers on a 7.39-hectare parcel in Lower Kabete (LR No. 18485) valued at Ksh1.3 billion. Chelogoi and his co-accused, Andrew Aseri Kirungu, face charges of conspiracy to defraud and forgery. The decision is expected to prevent further delays in a battle that has already spanned years.
