BY SAM ALFAN.
A former provincial commissioner facing charges of forgery in a Sh1 billion land has moved to the High Court to stop his prosecution.
Davis Nathan Chelogoi wants the High Court to declare that the intended prosecution as unlawful, illegal and a violation of his constitutional rights.
The former administrator has a warrant of arrest over his head after failing to appear in court since last year, when his co-accused was charged.
Chelogoi failed to appear in court on Tuesday but tabled in court documents from his doctor showing that he was advised to take a bed rest.
The former administrator now wants the High court to declare that the Director of Public Prosecutions (DPP) Renson Ingonga acted in violation of the Constitution by sanctioning his arrest and intended prosecution while there is a pending case in a superior court.
“A declaration do and is hereby issued that the intended Prosecution of the petitioner during pendency of ELC Case No e70 of 2023 is an affront to proper administration of justice, abuse of court process and abuse of criminal justice system and violation of the right to administrative action, “says former PC.
Chelogoi further seeks the court to declare that the DPP violated the constitution and acted in bad faith by refusing to prosecute Ashok Kupshi Shah and Hiten Kumar Amritlal Raja without reason and acted in violation of the principles of public prosecution policies by abusing the power of Nolle Prosequi.
The former PC also seeks a declaration that DPP and Police have grossly violated his rights by aiding Ashok and Amritlal and attempting to interfere with a judicial process and an order for compensation.
He argues that since the judge has not determined he committed any criminal act, DPP and police violated his by attempting to frustrate him through arrest and intended Prosecution.
He adds that on the 21st of December last year, the investigating officer together with Ashok, Amritlal and officers from Spring Valley police station visited his land in Spring Valley area of Loresho and attempted to evict his workers and threatened them.
He further claim that on 23rd of December officers from the same station visited his land with 20 goons and tried to evict him.
“I have serious reasons to belief that the said arrest is actuated by ill and sinister motive, DPP and police intend to act contrary to law, to violate my constitutional rights,” says Chelogoi.
He adds that he has in the past lodged several complaints against Ashok and Amritlal for fraud with intend to deprive him of his parcel of land known as LR No 18545 situate in Nairobi within OCS spring valley police station and DPP has recommended the prosecution of Ashok and Amritlal.
Last year, Nairobi Court issued a warrant for the arrest of former Nairobi Provincial commissioner Davis Nathan Chelogoi over failure to appear in court.
Chelogoi was required to appear in court to plead to charges of conspiracy to defraud a businessman of land valued at Sh1.3 billion in lower Kabete.
Milimani Magistrate Dolphina Alego issued a warrant for the arrest as Assistant Deputy Director Land Administration Officer in the ministry of Lands and Physical Planning Andrew Aseri Kirungu denied the charges over the said land.
The former administrator and Kirungu are accused of jointly with others not before court, conspiring to defraud Ashok Rupshi Shah and Hitenkumar Amritlal Raja of a parcel of land.
They allegedly committed the offence on or before the 9th day of December, 2020.
The and Reference No.18485 I.R. No.64011/1 measuring approximate area 7.390 hectares situated along Lower Kabete road valued at Sh.1.5 billion.
The two are also accused of jointly and unlawfully procuring registration of a parcel of land with intent to defraud.
The charge sheets state that they committed the offence 9th day of December, 2020 and 4th June, 2021 at the State Department of Lands and Physical Planning within Nairobi City.
