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Former Nairobi Deputy Commissioner Davis Nathan Chelogoi who is facing a Sh1.3 billion land fraud case has been freed on a Sh10 million bond with two sureties of a similar amount.

Milimani Senior Principal Magistrate Dolphina Alego also granted Chelogoi an alternative cash bail of Sh5 million with two contact persons.

He was also ordered to deposit his passport in court.

Alego was told by defence lawyers that Chelogoi developed health complications while in prison custody and requires urgent medical attention.

Prison doctors

The magistrate heard that prison doctors referred him to Kenyatta National Hospital for admission but it was impossible due to the doctors’ strike.

His lawyer Prof Tom Ojienda applied to have the accused referred to Nairobi Hospital for urgent medical attention. “Due to the ongoing doctors’ strike countrywide it was impossible to admit Chelogoi at KNH. He is frail and needs medical attention as a matter of necessity,” Ojienda presented.

In her brief ruling, Alego directed the prison authorities to escort Chelogoi to Nairobi Hospital where he has been undergoing treatment for medical attention owing to his current condition.

“This court takes judicial notice of the ongoing doctors’ strike and directs that the accused be admitted to Nairobi Hospital since the country’s referral hospital – KNH has no doctors to attend to patients,” noted Alego.

She directed the investigating officer to verify securities requested by the accused within three days to enable the accused access freedom.

She fixed the case for mention on March 27, 2024, to establish whether the accused has processed his bond.

Chelogoi was charged on Thursday last week after being brought to court on a warrant of arrest.

He denied defrauding two businessmen Ashok Rupshi Shah and Hitenkumar Rajah a parcel of land measuring 7.390 hectares in Lower Kabete area, valued at Sh1.3 billion.

His co-accused Andrew Aseri Kiringu was charged on December 22, last year and released on a Sh5 million bond with alternative cash bail of Sh1 million.

The prosecution led by Sonia Njoki and victims lawyer Suleiman Bashir had asked the court to impose stringent terms since the accused had been on the run until he was brought to court on a warrant of arrest.