Kenya’s Director of Public Prosecution DPP Renson Igonga has urged the High Court to dismiss an application by a former Nairobi Provincial Commissioner in a Ksh1.35 billion ($10.405 million) alleged land fraud case where he raises the questions of jurisdiction and fair trial against the subordinate court.

The DPP through lawyers Idris Ali, Lorna Miima and Allan Mogere in their submissions urged Justice Alexander Muteti to dismiss the application filed by the former PC Davis Nathan Chelogoi through his lawyer Harrison Kinyanjui requesting the court to give directions on the matter pending in the lower court be transferred to another magistrate.

While opposing the application, Ali submitted that the matter has proceeded before Chief Magistrate Dolphina Alego and it is in the tail-end stages of hearing where the accused persons have defended themselves and the issues they are raising in the High Court has already canvassed in the lower court.

“Your honour the matter is almost concluded considering the applicant has already defended himself after all witnesses giving their testimonies and what was remaining is cross-examination,” Ali notified the court.

He dismissed the issue of lack of fair trial raised by the applicant saying that it lacks merit as per Article 200 of the Criminal Procedure Code when a criminal trial is transferred to a succeeding magistrate.

“My lord the presiding magistrate was transferred into the Environment and Land Court Division ELC, the court of the same jurisdiction while the applicant wanted the matter to be taken to the magistrate of his choice who mentioned the matter on January 21, 2026,” the counsel submitted.

Ali told the court that Article 200 was not invoked because the matter had reached its final stage and the section does not prohibit the trial magistrate or judge to be recalled and conclude the case. He added that during the transfer of the trial magistrate, the matter was almost concluded and was not a part heard trial since all the witnesses had testified and the applicant had defended himself.

The court was notified that when the case was mentioned before Principal Magistrate Rose Ndombi on January 21, 2026, no orders were given except directing the proceedings to be typed as requested by the applicant.

Justice Muteti also heard that when the applicant was to be cross-examined on April 28, 2026, he excused himself together with his counsel and went out after the High Court order they produced to halt the proceedings was dismissed.

The order was vague and did not disclose the case number that was referred and also the issuance dates. It was issued on January 28, 2026, and sealed on April 28, 2026, and due to those reasons, the court directed it to proceed with the defence of the second accused,” Mogere told the court.

Further, he told the court that this is a ploy by the applicant to delay the matter and so far 18 witnesses have testified and he has testified in his defence.

“So the claims by the applicant that they were denied a fair trial lack merit and I pray the application be dismissed,” he said.

The applicant also claimed that the right to fair hearing was invoked when the trial proceeded in his absence on April 22, 2026, when it was mentioned before Alego. In response, Ms Miima told Justice Muteti that all the parties were present except the counsel for the applicant and he did not raise any issue.

• A Tell Media report / By Elizabeth Were