Rédaction Africa Links 24 with JOHN OSORO
Published on 2024-03-14 15:29:47
The attempt to have former provincial commissioner Nathan Chelogoi take a plea in a Sh1.5 billion land case failed at Nairobi Hospital. The management of the hospital stated that they were not informed that the court could hold a session at the hospital.
Trial magistrate Dolphine Alego, along with the prosecutor and parties representing the accused persons, were at the hospital ready for Chelugei to take a plea. However, they were informed by the chief security officer at the hospital that a formal application should have been made and copied to the Chief Executive Officer of the institution to make arrangements for the court to hold a session at the patient’s bedside.
The decision to have the accused take a plea at the hospital was made on February 12 after concerns were raised by the prosecution for the accused person’s failure to attend court and take a plea. Chelogoi is charged alongside Andrew Aswro Kirungu, who has been charged and is attending court hearings.
The two are facing a charge of fraudulent acquisition of a property located at Loresho, Nairobi County. The property in question is the subject of a legal dispute between the accused persons and business tycoon Ashok Shah, the complainant.
During the proceedings at the hospital, Shah’s lawyer, Suleiman Bashir, made an application for the trial magistrate to disqualify herself and have the case transferred to another court. This application was strongly opposed by Chelogoi’s lawyer, Prof. Tom Ojienda, on the grounds that such a request should have been made by the prosecution and defense counsels, not the lawyer representing the complainant.
The court observed that the application for disqualification was made in bad faith, as the order to visit the hospital was made in an open court before all parties. There were no substantial grounds for the court to disqualify itself, as the trial magistrate stated that she visited the hospital in her official capacity.
The disputed land ownership involving Chelogoi and the late Jacob Juma attracted the attention of Land Cabinet Secretary Alice Wahome, who visited the site last week. However, her visit was met with anger from the youth who felt that the CS was interfering with private property.
Overall, the attempt to have Nathan Chelogoi take a plea in the Sh1.5 billion land case at Nairobi Hospital faced challenges due to the lack of proper communication with the hospital management and legal disputes surrounding the ownership of the property in question. The court proceedings continue as parties involved navigate through the legal complexities of the case.
Read the original article on Africa News 24
