By Andrew Kariuki
Lawyers representing the second accused person in a long running criminal case at the Milimani Law Courts have raised concerns over what they termed an irregular and prejudicial transfer of the matter, prompting intervention by the Chief Magistrate.
In a letter dated January 21, 2026, Miima & Company Advocates, acting for Andrew Kirungu Aseri, formally wrote to Chief Magistrate Lucas Onyina questioning the handling of Criminal Case No. MCCCRE/E1137/2023, in which Aseri is jointly charged with Davis Nathan Chelugoi.
The defence stated that the case has been under Chief Magistrate Dolphina Alego since 2023 and had reached an advanced stage, with the prosecution having called 19 witnesses.
At the time of the dispute, the trial had moved to the defence stage and the first accused had already testified and was awaiting cross-examination.
According to the advocates, after an application seeking the trial magistrate’s recusal was dismissed by the High Court on January 21, 2026, the matter was unexpectedly listed before Principal Magistrate Rose Ndombi in Court 8, without any formal explanation being given to the parties.
The defence argued that the move effectively downgraded the case from an active defence hearing to procedural mentions, including directions to type proceedings, a step they said would occasion unnecessary delay.
They further contended that the court did not address whether the transfer complied with Sections 79, 80 and 200 of the Criminal Procedure Code, particularly the requirement that accused persons be informed of their right to elect whether proceedings should continue from where they had reached or start afresh.
The advocates also told the court that the delay had caused significant personal and financial prejudice to Aseri, who was interdicted from public service following his arrest and has been unable to process his retirement benefits.
The matter came up on Monday before Chief Magistrate Lucas Onyina, who clarified that the case had not been reassigned from Magistrate Alego’s court.
He explained that matters handled in Magistrate Alego’s court had not been transferred to Magistrate Rose Ndombi, but Magistrate Alego’s court 3 matters had been transferred to Magistrate Rose Ndombi’s court 8 following Magistrate Alego’s transfer.
Chief Magistrate Onyina directed that the file be placed before Chief Magistrate Dolphina Alego for hearing on January 28, 2026, effectively settling the issue of jurisdiction and confirming where the proceedings will continue.
The court’s direction brings clarity to the status of the case and confirms that Magistrate Alego will proceed with the hearing as scheduled.
