NAIROBI, Kenya Apr 17 – The court has ordered that the Sh1.3 billion land fraud case involving former Provincial Commissioner Davis Chelogoi and his co-accused, Andrew Kirungu, be heard and concluded by the original trial magistrate, ending a dispute over jurisdiction following a change of judicial officers.Chief Magistrate Lucas Onyina directed that the matter revert to the court where it had substantially progressed, ruling that no proper legal transfer had been effected to a new magistrate in accordance with procedural requirements.Chelogoi and Kirungu are accused of fraudulently acquiring land valued at Sh1.3 billion allegedly belonging to businessman Ashok Doshi. They have both denied the charges.The issue arose after the transfer of the initial trial magistrate, Dolphins Alego, which created uncertainty on whether the case had been properly taken over or remained part-heard.By the time proceedings were interrupted, the prosecution had already closed its case and the defence hearing had begun, with Chelogoi having taken the stand as the first defence witness.In his ruling, Onyina stated that although the matter had been mentioned in different courts for directions, there was no formal transfer of the case. He found that the requirements of Section 200 of the Criminal Procedure Code had not been met, since no succeeding magistrate had taken over the matter after informing the accused of their rights, including the option to recall witnesses.The court held that in the absence of compliance with these safeguards, jurisdiction could not properly shift to another magistrate, and any continuation before a different judicial officer would be procedurally flawed.The magistrate also noted that a pending recusal application had not been formally withdrawn, further complicating the procedural status of the case. He emphasized that while courts may be administratively reassigned cases, parties have no role in choosing the presiding magistrate.Relying on established legal principles, the court observed that Section 200 of the Criminal Procedure Code should be applied sparingly, particularly in matters that are already substantially heard, to avoid prejudice and uphold the right to a fair trial.The court ultimately directed that the trial proceed before the original magistrate and be concluded, with all prior directions issued by other courts deemed overtaken by events.