Friday, October 23, 2026
Court Helicopter
  • Home
  • News
  • Court Update
  • County
  • Explainer
  • Photo-Story
  • Interviews
  • International
  • Africa
  • News Feature
  • Opinion
No Result
View All Result
  • Home
  • News
  • Court Update
  • County
  • Explainer
  • Photo-Story
  • Interviews
  • International
  • Africa
  • News Feature
  • Opinion
No Result
View All Result
Court Helicopter
Home News

High Court Clears Magistrate Alego to Complete Chelogoi Criminal Trial Despite Transfer to ELRC

The High Court has allowed Senior Principal Magistrate Dolphina Alego to continue hearing and conclude a criminal case against Davis Nathan Chelogoi and Andrew Aseri Kirungu despite her transfer to the ELRC.

CH Reporter by CH Reporter
August 18, 2026
in News
0
High Court Clears Magistrate Alego to Complete Chelogoi Criminal Trial Despite Transfer to ELRC

Justice Alexander Muteti during court proceedings as the High Court ruled that Magistrate Dolphina Alego can continue hearing and conclude the criminal case against Davis Chelogoi and Andrew Kirungu.

Share on FacebookShare on TwitterShare on WhatsApp

The High Court has cleared Senior Principal Magistrate Dolphina Alego to continue and conclude the criminal case against Davis Nathan Chelogoi and Andrew Aseri Kirungu, despite her transfer to the Employment and Labour Relations Court (ELRC). Chelogoi and Kirungu face charges including conspiracy to defraud, forcible detainer and forgery.

Justice Alexander Muteti ruled that Alego’s deployment to the ELRC did not strip her of the criminal jurisdiction she acquired upon her appointment as a magistrate. The decision arose from a case filed by Chelogoi, who sought to stop Alego from continuing to hear Nairobi MCCR/E1137/2023 following her transfer. Chelogoi, who is the first accused, argued that once Alego was transferred to the ELRC, she ceased to have jurisdiction over criminal matters and that proceedings conducted before her after the transfer should be set aside.

Related posts

Court Finds Ruto’s Cabinet Unconstitutional, Orders Fresh Appointments Within 120 Days to Meet Gender Rule

Former NuPEA Accountant Fined Sh130,000 Over Forged KCSE Certificate

October 23, 2026
Kitui MCA Arrested Over Series of Alleged Nairobi CBD Phone Thefts

Kitui MCA Arrested Over Series of Alleged Nairobi CBD Phone Thefts

October 23, 2026

However, Justice Muteti rejected the argument, finding that Alego remained a magistrate under the Magistrates’ Courts Act despite being deployed to the ELRC. “The deployment of a Magistrate from the mainstream Magistrates Courts to the courts that are subordinate to the courts of Equal Status does not divest such a judicial officer of the jurisdiction acquired at the time of appointment as a judicial officer,” the court held.

The High Court noted that the criminal trial was already at an advanced stage when Alego was transferred. All 19 prosecution witnesses had testified, 136 documentary exhibits had been produced and the defence hearing had already commenced. Justice Muteti said that where a judicial officer has handled a case to such an advanced stage, the preferred practice is to allow that officer to complete the trial. According to the court, the magistrate who personally heard and observed witnesses is better placed to assess their demeanour, credibility and emotions than another judicial officer who would largely have to rely on the written court record.

The High Court also upheld Chief Magistrate Lucas Onyina’s decision to return the criminal file to Alego after it had temporarily been allocated to Senior Principal Magistrate Rose Ndombi. Justice Muteti found that Onyina, as head of station, had both judicial and administrative authority to reassign the case, particularly considering the advanced stage of the proceedings. The judge, however, faulted the Chief Magistrate for making the decision to return the case to Alego without requiring all parties to be present.

The court nevertheless found that the omission did not invalidate the reassignment because Chelogoi had not demonstrated that he suffered any prejudice. Justice Muteti directed heads of court stations to notify parties when making similar case reallocations to avoid questions being raised about the process. The High Court consequently ordered that the criminal case proceed before Alego.

Chelogoi can now tender his defence and allow the trial to proceed to conclusion. If he still wants Alego to step aside, he may pursue his recusal application before her before further proceedings take place.

Previous Post

NCIC Summons Homa Bay MP Peter Kaluma Over Alleged Hate Speech

Next Post

Lawyer Omari Demands for President Ruto’s Statement in Chuka Law Student Cyber Harassment Case

CH Reporter

CH Reporter

Next Post

Lawyer Omari Demands for President Ruto’s Statement in Chuka Law Student Cyber Harassment Case

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

BROWSE BY CATEGORIES

  • Africa
  • County
  • Court Update
  • Explainer
  • International
  • Interviews
  • News
  • Opinion
  • Photo-Story
  • World News

BROWSE BY TOPICS

#Safaricom #Sakaja Africa Creative Feature Human Rights IPOA Legal Today Maandamano Mathare News Populer sepulchral rights trend Video

POPULAR

Man Charged With Unauthorised Access to Premier Bank Computer Systems
News

Man Charged With Unauthorised Access to Premier Bank Computer Systems

by CH Reporter
October 22, 2026
0

A man has been charged at the Milimani Law Courts with allegedly gaining unauthorised access to Premier Bank Kenya’s computer...

High Court Allows Mbithe and Her Children to Cross-Examine Ex-Husband in Dr Mutiso Murder Case

Proffesor David Ndetei Tells Court Ex-Wife, Son Threatened to Reduce Him to a ‘Chokora’

October 21, 2026

Ex- Kiambu Governor Waititu and his Wife’s Sentencing Proceedings deferred after Defence Objections

October 19, 2026
Two University Students Charged With Gang Raping a Woman in Kasarani

Two University Students Charged With Gang Raping a Woman in Kasarani

October 19, 2026
Court Allows DCI 14 Days to Detain a Man Over Alleged Murder of His Girlfriend in Kasarani

Court Allows DCI 14 Days to Detain a Man Over Alleged Murder of His Girlfriend in Kasarani

October 21, 2026
High Court Allows Mbithe and Her Children to Cross-Examine Ex-Husband in Dr Mutiso Murder Case

High Court Allows Mbithe and Her Children to Cross-Examine Ex-Husband in Dr Mutiso Murder Case

October 19, 2026
Bus Driver Charged Over Fatal Crash That Killed Two TUM Students

Bus Driver Charged Over Fatal Crash That Killed Two TUM Students

October 22, 2026
Homa Bay County Given 21 Days to Reveal Records Behind Headquarters Project

Court Orders Former Homa Bay Assembly Clerk and Two Others to Refund Sh12.57 Million

October 22, 2026
DP Kindiki, Senate Speaker Kingi and Lawyer Omari Among 146 Seeking Senior Counsel Rank

DP Kindiki, Senate Speaker Kingi and Lawyer Omari Among 146 Seeking Senior Counsel Rank

October 21, 2026
Court Helicopter

Court and legal stories from around the country

Follow us on social media:

Recent News

  • Waititu Loses Bid to Overturn 10-Year Public Office Ban for Corruption Convicts
  • Former NuPEA Accountant Fined Sh130,000 Over Forged KCSE Certificate
  • Former Muran’ga Governor, Mwangi Wa Iria Graft Case Adjourned Over Typed Proceedings

Category

  • Africa
  • County
  • Court Update
  • Explainer
  • International
  • Interviews
  • News
  • Opinion
  • Photo-Story
  • World News

Recent News

Court Upholds Waititu’s 12-Year Jail Term in Sh588.7 Million Graft Case

Waititu Loses Bid to Overturn 10-Year Public Office Ban for Corruption Convicts

October 23, 2026
Court Finds Ruto’s Cabinet Unconstitutional, Orders Fresh Appointments Within 120 Days to Meet Gender Rule

Former NuPEA Accountant Fined Sh130,000 Over Forged KCSE Certificate

October 23, 2026

© 2026 Court Helicopter. All rights reserved.

imunify-bot-check
No Result
View All Result
  • Home
  • News
  • Court Update
  • County
  • Explainer
  • Photo-Story
  • Interviews
  • International
  • Africa
  • News Feature
  • Opinion

© 2026 Court Helicopter. All rights reserved.