Former Nairobi Provincial Commissioner Davis Nathan Chelogoi has been convicted in a Ksh1.35 billion land fraud case involving a disputed property in Lower Kabete.
Chief Magistrate Dolphina Alego delivered the judgment on Friday, October 16, finding him guilty on five counts.
The case involved a 7.39-hectare parcel of land identified as LR No. 18485, which the prosecution alleged was fraudulently registered in the former commissioner’s name.
The charges arose from claims that Chelogoi and former Assistant Deputy Director in the Lands Administration Office Andrew Aseri Kirungu conspired to deprive two businessmen of the property.
Former Davis Nathan Chelogoi in court chambers.
Photo
Bulk Media
The court noted that the complainants had established an ownership trail through Liney Company Limited dating back to 2007, supported by verification from the Ministry of Lands and a judgment of the Environment and Land Court.
However, Chelogoi relied on a title deed issued in June 2021 but failed to provide a lawful basis for his ownership claim or authenticate documents supporting it.
Additionally, Alego said evidence presented by 19 prosecution witnesses undermined the official’s defence against the charges.
“To conclusively determine the fraudulent nature of the first accused’s claims, this court relies heavily on the compelling and corroborative testimony of the 19 prosecution witnesses. Their evidence systematically dismantled the first accused’s defense through two critical determinations. Davis Nathan Chelogoi is found guilty and convicted on counts 1, 2, 3, 4 and 5,” the magistrate said.
According to Alego, the judgment had been delayed for nearly a year by the former commissioner’s repeated applications challenging the proceedings and his failure to comply with court attendance requirements.
Further, the magistrate cited incidents of intimidation and cyberbullying by Chelogoi, saying she had received letters from him, including two delivered this week and copied to her employer.
The judgment comes after High Court Judge Alexander Muteti dismissed an application seeking to stop the proceedings, allowing the trial court to proceed with its determination.
Earlier, the High Court had temporarily suspended the case and postponed the judgment that had been scheduled for October 7, pending a ruling on the accused’s application.
The other official accused in the case, who faced separate allegations including abuse of office, was acquitted during Friday's proceedings.
A photo of Ardhi House in Nairobi. PHOTO/President.go.ke