By: CORRESPONDENT 2 min read
NAIROBI, Kenya, Oct 16 – Former Nairobi Provincial Commissioner Davis Nathan Chelugui has been found guilty and convicted of unlawfully taking possession of a 7.3-acre parcel of land in Lower Kabete, Nairobi, belonging to businessman Ashok Shah.
Trial Magistrate Dolphina Alego, in her judgment, ruled that the certificate of title held by Chelugui was forged, finding that the prosecution had proved its case beyond reasonable doubt.
The magistrate said evidence presented by 19 prosecution witnesses demonstrated that the documents used by Chelugui to support his claim to the property were fraudulent.
She further noted that cases filed by Chelugui against Shah before the Environment and Land Court had been dismissed in favour of the businessman.
The disputed parcel, located in Lower Kabete, Nairobi, is valued at approximately Sh1.7 billion.
The court, however, acquitted the second accused person, former Deputy Director in the Ministry of Lands Andrew Antony Kirugo, ruling that the prosecution had failed to prove the conspiracy charge against him.
Chelugui’s lawyer, Harrison Kinyanjui, attempted to address the court and seek typed proceedings but was unable to do so after the magistrate left the courtroom.
Kinyanjui told the court that a stay order issued by a superior court had halted the proceedings before the lower court, arguing that the order had been disregarded.
The proceedings concluded with the court directing that Chelugui be remanded at Industrial Area Prison pending his next court appearance on November 2, when he is expected to present mitigation before sentencing.
The court is expected to consider the mitigation submissions before determining the sentence to be imposed.
The conviction marks a significant development in the dispute over the high-value Lower Kabete property, which has been the subject of legal proceedings involving Chelugui and Shah.