Former Nairobi Provincial Commissioner Davis Nathan Chelogoi will take his plea from his home or hospital after failing to appear in court as expected.

A Milimani Magistrate  will on Thursday morning pay a visit to former PC to facilitate the plea-taking, with his lawyer staking that he’s unwell and presented a doctor’s report as proof.

“He is not avoiding court rather he is unable to attend owing to his medical condition,” the counsel said.

Chelogoi is being charged for conspiracy to defraud a piece of land valued at Sh1.35 billion alongside and deputy land registrar Andrew Aseri Kirungu.

They were scheduled to appear before Principal Magistrate Dolphina Alego on Tuesday, but Chelogoi did not show up.

His lawyer Senior Counsel Tom Ojienda, while presenting the medical report, asked the magistrate to  summon his doctor to explain to the court his health status.

“Because of the complex medical terminology I request you to summon Dr Mwela to explain to the court this health status that has made him not to appear in court,” Ojienda said.

The state however argued that the current medical document contained the same conditions as the ones presented before other courts as he has matters before the High Court and the Environment and Land Court .

After considering the submissions, Magistrate Alego ordered the litigants to prepare for the aforementioned visit to Chelogoi’s.

“Plea taking will be on Thursday at 10 am. The court will go wherever this accused person is to avoid further delay. The people in the matter will be there themselves,” the court ruled.

The court had earlier on issued a warrant of arrest for Chelogoi after he failed to appear in court for plea-taking. The magistrate said that the first accused is in contempt of court order after obtaining anticipatory bail from the High Court under instructions that he should avail himself to the Court for plea.

“Court orders are not made in vain. The superior court which binds this particular court had equally pronounced itself and given the first accused person(Chelogoi) cash bail to cushion his arrest and thus present himself to this court but this has not been taken seriously,” Alego observed on February 15.









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