Former Nairobi Provincial Commissioner Davis Nathan Chelogoi is set to receive ongoing medical treatment at a hospital in the capital city after being granted bail by the magistrate.
Chelogoi was accused of defrauding a businessman during a land transaction valued at Ksh1.3 billion in Loresho, a leafy neighbourhood within the Nairobi metropolis.
While appearing in court on Monday, March 25, Magistrate Dolphina Alego released the accused, who is facing six counts, on a Ksh5 million bail with an alternative of Ksh10 million bond.
The former PC was permitted to continue his medical treatment at the hospital but cautioned that failure to appear in court would result in the revocation of his bail terms and his return 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.
“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.
“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.”
Initially, the bail hearing had been scheduled for March 14 but the accused failed to turn up to the 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 hospital’s chief security officer turned away the court and asked them to make a formal application which was to be copied to the Chief Executive Officer.
Chelogoi and his co-accused are facing six charges including fraudulently acquiring the property located in the prime neighbourhood.
In an earlier application, Chelogoi had argued that the court should grant him bail since he had abided by the court.
“From the time the charges were preferred against him, he has not been in good shape. 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,”
Source: kENYANS.CO.KE