former Nairobi Provincial Commissioner Davis Nathan Chelogoi

A magistrate has granted bail to former Nairobi Provincial Commissioner Davis Nathan Chelogoi so he can continue receiving medical care at a hospital in the capital city.

Chelogoi was accused of defrauding a businessman during a land transaction worth Ksh1.3 billion in Loresho, a leafy neighbourhood within the Nairobi metropolis. 

On Monday, March 25, Magistrate Dolphina Alego released the accused, who is facing six counts, on a Ksh5 million bail with an alternative Ksh10 million bond. 

The hospital allowed the former PC to continue his medical treatment but warned him that failing to appear in court would revoke his bail terms and return him to detention.

Lawyers representing the complainant had asked the court to deny the accused his bail application, arguing that he had failed to honour four court summons and should not be eligible for release. 

However, Chelogoi's lawyer, Tom Ojienda, had argued in an earlier application that the court ought to grant him bail because he had followed the rules.

The accused had originally scheduled the bail hearing for March 14, but he failed to appear in court because he was undergoing treatment.

The magistrate then ordered a visit to the hospital, but the court could not access the hospital bed and hold a session. The chief security officer at the hospital denied the court access and instructed them to submit a formal application, which they were to copy to the Chief Executive Officer.

Chelogoi and his co-accused are facing six charges, including fraudulently acquiring the property located in the prime neighbourhood.

"On March 12 this month, for the fourth time, a party has not honoured your summons. "On the 14th, this court had to leave this particular premises just to go and pay him a visit," argued the lawyer representing the complainant. 

"The circumstances did not allow us to have access to that particular hospital bed. Let's deal with him the way we could have dealt with a Wanjiku or a Robert somewhere."

Since the initiation of the charges against him, Chelogoi's condition has deteriorated significantly. This was the first time he had travelled to Uganda without knowledge of the said charges," argued his lawyer, Tom Ojienda. 

"He is not a small boy; he is a man and understands court rules. We will abide by the court's directions and proceed with the hearing. No prejudice will be suffered if he is released on bail."

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