A Nairobi Court has been denied access at a hospital where it had moved to compel former Nairobi PC Davis Nathan Chelogoi to plead to Sh1.35 billion fraud case against him.
The court together with the prosecution, victim lawyers, and media on Thursday gathered outside the said hospital waiting to access the accused.
This comes after several warrants of arrest and adjournments against Chelogoi since last year December to appear and plead to the charges.
The hospital security intervened and said 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 was Milimani principal magistrate Dolphina Alego, lawyers Suleiman Bashir for the victim, and Tom Ojienda for the suspect.
The court had ordered Chelogoi to take plea after various adjournments that the defense had on several occasions requested.
The suspect is accused of conspiracy to defraud businessman Ashok Shah 7.39 hectares of land located at Lower Kabete worth Sh1.35 billion.
Victim lawyer Suleiman Bashir while addressing the media outside the court expressed his frustration with the actions of the suspect.
He said that he is concerned that there is malice and delay tactics.
Magistrate Alego directed all parties to file a formal application by the next mention date and they left the hospital.
Alego had issued the order after Chelogoi failed to appear in court on Tuesday for plea-taking.
Chelogoi had been scheduled to plead to the fraud charges after failing for a third time to appear in court.
On Tuesday when the matter came up for plea-taking his lawyer Tom Ojienda urged the court to defer the plea 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 to plead to the charges of land fraud 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," Ojienda said.
The medical document was produced to court by lawyer Ojienda who sought for more time to have a civil case pending before the High Court.
However, the magistrate in her brief ruling, directed the court to move where Chelogoi is on Thursday at 10 am and take plea in the case.
Earlier, Chelogoi had obtained anticipatory bail from the High Court under instructions that he should avail himself to Court for plea taking only for him to disappear to an unknown place.
However, the prosecution informed the court that Chelogoi failed to comply with the earlier court orders.
"The magistrate had pointed out that the accused was even earlier given cash bail by the Superior Court in a bid to present himself to court for plea taking yet he has not adhered to the same, Court orders are not made in vain," the Magistrate had said in her previous ruling.
"In view of the prosecution's submissions, this court issues a warrant of arrest Against Chelogoi."
In the case, Chelogoi is to be charged alongside the deputy land registrar Andrew Aseri Kirungu with conspiracy to defraud Ashok Rupshi and Hitenkumar Amritlal Raja of their parcel of land valued at Sh1,350,000,000.
Chelogoi separately faces a charge of forcible detainer of the said land where the prosecution claims that he unlawfully detained the land on unknown dates between December 9, 2020, and December 12, 2023.
He also faces a charge of forging a letter of allotment ref. no.75707/ VII dated January 31, 1995, purporting it to be a genuine and valid letter issued by the commissioner of lands.
He is also said to have forged a signature and stamp impression of a land registrar officer namely Pauline Achieng Pesa on or before January 16, 2023.
Kirungu has since denied the charges and is out on a cash bail.