A Nairobi Court has issued orders for former city PC Davis Chelogoi to appear in court on Friday to plead to the charges of conspiracy to defraud a land worth Sh1.35 billion
Milimani senior principal magistrate Dolphina Alego further issued orders for the Chief Executive Officer (CEO), of a City hospital compelling the hospital to present Chelogoi at Milimani Law Court for plea taking on or before March 22, 2024.
The magistrate issued orders following an application by the Director of Public Prosecutions (DPP) through a senior state prosecutor who sought orders to be issued against Chelogoi and the hospital CEO.
Last week, the court was denied access at the same Hospital where it had moved to compel Chelogoi to take a plea in Sh1.35 billion fraud case against him.
The former PC had been reported to have been admitted to the hospital.
"It is hereby ordered that the first accused person Chelogoi herein attends court in whatever circumstance as to be advised by his doctor and or if still admitted at the Hospital. His doctor is to present him at Milimani law court for plea taking on or before March 22, 2024," the magistrate ruled.
The magistrate said that the court orders be served upon the accused Chelogoi or his advocates and the Chief Executive Officer of the City hospital for compliance.
The order further adds that any person of persons, company or institution of institutions served with this order and fails to comply shall be guilty of an offence and liable to imprisonment for a term not exceeding one year or to a fine not exceeding Sh2,000 or both.
Previously, the hospital security had intervened and said that the court was in breach of their rules and protocols since they were unaware of their visit to the hospital.
The hospital security team said that the rights of privacy against their clients have to be safeguarded, and in case of anything, the management ought to have been notified first.
Present at the hospital were the magistrate Alego, lawyers Suleiman Bashir for the victim and Tom Ojienda for Chelogoi.
The court had ordered Chelogoi to take a plea because of various adjournments that the defence had on several occasions requested.
Chelogoi is accused of conspiracy to defraud businessman Ashok Shah 7.39 hectares of land located at Lower Kabete worth Sh1.35 billion.
Three weeks ago when the matter came up for plea-taking, Chelogoi's lawyer Prof Tom Ojienda urged the court to defer it saying Chelogoi is still unwell.
But the prosecution opposed the application for adjournment, asking the court to order an Investigating officer to visit Chelogoi where he is and make a report before the court could issue further orders.
The court was told that Chelogoi has been avoiding pleading to the charges since November last year.
"My client is still sick as per his medical documents from his doctor. We are seeking a defer of the case," said Prof Ojienda.
The medical document was produced to court by lawyer Ojienda who sought more time to have a civil case pending before the High Court.