The long-standing legal battle involving Davis Nathan Chelogoi over a prime Nairobi property valued at Ksh1.8 billionhas reached a critical juncture. Chief Magistrate L. O. Onyina has ordered that the matter be returned to Hon. Dolphina Alego, the original trial magistrate, for final conclusion.
The ruling emphasized that because the case is at an advanced stage—having reached the defense hearing—it should not be reassigned midstream. Chief Magistrate Onyina noted that Hon. Alego had presided over the matter until her transfer and is best positioned to finalize the judgment.
“It is better that it be heard and concluded by the trial magistrate before whom it commenced and reached the defense hearing stage,” the court ruled.
The Property: A high-value parcel in Lower Kabete (LR No. 18485 / IR 64011).
The Conflict: While previous Environment and Land Court rulings affirmed businessman Ashok Rupshi Shah as the lawful owner, the matter remains entangled in criminal proceedings.
Criminal Charges: Chelogoi and a co-accused face charges of conspiracy to defraud, forgery, and forcible detainer.
The prosecution has already concluded its presentation, calling 18 witnesses and submitting over 130 exhibits. The defense had just begun its submissions before the administrative transition of the magistrate occurred.
The court clarified that interim handling of the file by other officers did not constitute a formal transfer of jurisdiction, as no successor had invoked.
The ruling highlighted several fundamental legal standards:
Administrative Autonomy: Case allocation is a strictly judicial administrative function; litigants have no say in which officer hears their case.
Pending Matters: A previously filed recusal application remains active and must be addressed by Hon. Alego upon the case’s return.
Efficiency: Reassigning the case to its original lead is intended to fast-track a resolution for a dispute that has spanned years and multiple court levels.
By returning the file to Hon. Alego, the court aims to ensure a seamless conclusion to one of Nairobi’s most high-stakes property disputes.
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