Former Nairobi PC handed three-year sentence over Ksh1.3 billion land fraud

Former Nairobi Provincial Commissioner Davis Nathan Chelogoi has been jailed for three years after he was found guilty of a Ksh1.3 billion land fraud.

Chologoi was last week convicted on five criminal counts relating to the fraudulent acquisition of a prime 7.39-hectare parcel of land in Lower Kabete, valued at Ksh1.3 billion.

Delivering the verdict, Principal Magistrate Dolphina Alego ruled that the prosecution had conclusively proven its case against the former administrator beyond any reasonable doubt.

However, Chelogoi's co-accused, Andrew Aseri Kirungu—a former Assistant Deputy Director of Lands Administration—was acquitted of conspiracy to defraud and abuse of office charges.

The high-stakes legal battle centered on a prime property claimed by business partners Ashok Rupshi Shah and Hitenkumar Amritlal Raja. The duo told the court that they purchased the land for Kshh33 million from Liney Company Limited back in January 2007.

Their legal claim over the property had previously been affirmed by the Environment and Land Court in 2022 and subsequently reinforced by the Court of Appeal.

Chelogoi had mounted a defence, claiming the parcel was directly allocated to him in January 1995 by the late former President Daniel arap Moi at a cost of Ksh2.48 million. He argued that his demanding duties in public service delayed the processing of his documentation, which was only finalised with the issuance of a title deed in June 2021.

Magistrate Alego noted that testimony from 19 state witnesses, predominantly officials from the State Department for Lands and Physical Planning, thoroughly dismantled Chelogoi's narrative.

“To conclusively establish the fraudulent nature of the first accused's claim, this court relies heavily on the compelling and corroborative testimony of the 19 prosecution witnesses,” the magistrate stated.

Technical experts, including land registry personnel and surveyors, revealed that no authentic historical deed plans, survey records, or primary ledger entries existed to back Chelogoi's claim prior to mid-2021.

Crucially, Land Registrar Pauline Achieng testified that official signatures and stamp impressions bearing her name on documents presented by Chelogoi were forged.

The magistrate observed major red flags in the paperwork submitted by the defence, highlighting mismatched internal tracking numbers and a total absence of credible historical records showing a legitimate chain of allocation.

Kirungu was exonerated after the court established that the state failed to demonstrate his criminal culpability. He had maintained throughout the trial that his actions were purely administrative and that he processed the files without knowledge of active court rulings or competing ownership claims.

Magistrate Alego pointed out that critical ministerial files and records had either vanished or been destroyed, creating reasonable doubt regarding Kirungu’s awareness of the fraudulent scheme.

In her closing remarks, the magistrate also raised serious concerns over procedural delays during the proceedings and highlighted incidents of intimidation aimed at the court prior to the delivery of the judgment.