Lower Kabete’s Sh1.35 billion land case: How Ex-Nairobi PC Chelogoi was convicted

Milimani Chief Magistrate Dolphina Alego convicted Chelogoi on five counts on October 16, 2026, after finding that the prosecution had proved its case beyond reasonable doubt.

The property, known as LR No. 18485, lies along Lower Kabete Road in Nairobi and covers about 7.39 hectares.

The complainants, businessmen Ashok Rupshi Shah and Hitenkumar Amritlal Raja, told the court that they bought the land from Lima Company Limited under a sale agreement dated January 25, 2007, for Sh32 million.

Their claim was supported by a chain of ownership documents and an Environment and Land Court judgment delivered on July 28, 2022, which affirmed their ownership of the property.

Chelogoi, a former senior provincial administrator, maintained that he had been allocated the land in January 1995 by former President Daniel arap Moi and had paid a premium of Sh2.48 million.

He said his public service duties and financial limitations delayed the formalisation of the documents until June 2021.

What the prosecution established

The prosecution called 19 witnesses, including land registrars, officials from the State Department of Lands, surveyors and forensic document examiners.

A central issue was the authenticity of documents used to support Chelogoi’s title.

Land registrar Paulina Achieng Pesa told the court that her signature and stamp, which appeared on documents used in the registration, were forged.

She denied authorising the transfer or registration of the parcel in Chelogoi’s name.

The court also heard that a registry file used to support the disputed registration related to a different parcel of land.

Magistrate Alego found that the documents did not provide an authenticated basis for Chelogoi’s claim to the property.

Chelogoi challenged the forensic examination of the documents, arguing that original records had not been analysed.

The court nevertheless concluded that he had not produced sufficient authenticated documentation to displace the complainants’ established ownership.

The conviction followed a lengthy trial and several applications that delayed the judgment.

Why the former lands official was acquitted

Chelogoi’s co-accused, former Assistant Deputy Director of Lands Administration Andrew Aseri Kirungu, was acquitted of the two charges he faced.

The magistrate said the prosecution had not established his criminal culpability and that the evidence was insufficient to justify a conviction.

The outcome illustrates that the two accused were assessed separately, even though the case concerned the same parcel of land and registration process.

The prosecution’s case against Chelogoi involved allegations of conspiracy to defraud, forcible detainer, forgery and uttering false documents.

The court found him guilty on all five counts recorded in the judgment.

The land records will be corrected

Alongside the conviction, the magistrate directed the Chief Land Registrar to cancel parallel title deeds and registration details issued over the disputed property.

The direction addresses a practical problem that can emerge when competing ownership records exist for the same parcel.

Land transactions rely heavily on the accuracy of registry records, survey information, transfers and supporting documents.

The case demonstrates why a title deed should not be considered in isolation when ownership is disputed.

Courts may examine the chain of transactions, the authenticity of signatures and stamps, registry files, survey records and prior judgments to determine how a title was obtained.

Sentencing is still pending

Chelogoi was remanded in custody pending mitigation and sentencing scheduled for November 2, 2026.

As of the conviction announcement, he had not yet been sentenced.

The conviction is a criminal judgment, while the legal consequences for the land registry and the parties continue through the relevant orders and procedures.

Any appeal or subsequent court action would need to be confirmed separately.

For the complainants, the decision affirms the ownership claim supported by the earlier civil judgment.

For land buyers generally, the case underlines the importance of conducting a thorough search, checking the chain of title and confirming that supporting records are authentic before committing funds.

A parcel worth Sh1.35 billion became the subject of years of litigation because the parties presented competing claims to the same land.