Former Nairobi Provincial Commissioner Davis Nathan Chelogoi has been convicted on five counts in a KSh1.35 billion land fraud case involving a disputed 7.39-hectare property in Lower Kabete.
Chief Magistrate Dolphina Alego delivered the verdict on Friday, October 16, finding Chelogoi guilty after a trial in which the prosecution presented evidence from 19 witnesses challenging his claim to ownership of LR No. 18485.
The case exposed a disputed land trial involving historical ownership records, a 2021 title deed, and allegations that government processes were used to facilitate an unlawful transfer of the valuable property.
Court Rejects Chelogoi's Claim to KSh1.35 Billion Property ¶
The prosecution alleged that Chelogoi and former Assistant Deputy Director in the Lands Administration Office Andrew Aseri Kirungu conspired to deprive two businessmen of the property.
According to the court, the complainants established an ownership trail through Liney Company Limited dating back to 2007. Their claim was further supported by verification from the Ministry of Lands and a judgment issued by the Environment and Land Court.
Chelogoi, however, relied on a title deed issued in June 2021 to support his claim to the property.
Chief Magistrate Alego found that the former commissioner failed to demonstrate a lawful basis for acquiring the land or authenticate documents relied upon to support his ownership claim.
The court placed significant weight on the testimony of 19 prosecution witnesses, saying their evidence dismantled Chelogoi's defence and established the fraudulent nature of the ownership claims presented before the court.
“Davis Nathan Chelogoi is found guilty and convicted on counts 1, 2, 3, 4 and 5,” Alego ruled.
The conviction marks a major development in a case centred on how a multimillion-shilling property moved through official land records and ultimately became the subject of competing ownership claims.
Judgment Delayed Amid Legal Challenges and Court Attendance Disputes ¶
The conviction came nearly a year after the judgment was initially expected, with the court attributing the delay to repeated applications by Chelogoi challenging the proceedings and issues surrounding his attendance in court.
The magistrate also raised concerns over what she described as intimidation and cyberbullying linked to the former commissioner.
Alego said she had received letters from Chelogoi, including two delivered during the week of the judgment and copied to her employer.
The developments added another layer to a case that had already faced repeated procedural challenges.
The High Court had previously suspended proceedings and postponed the judgment scheduled for October 7 pending determination of an application filed by the accused.
High Court Judge Alexander Muteti subsequently dismissed the application seeking to stop the proceedings, clearing the way for the magistrate's court to deliver its determination.
The sequence of applications and court interventions significantly prolonged the case, keeping the disputed Lower Kabete property at the centre of a lengthy legal battle.
Second Official Acquitted as Court Separates Cases ¶
While Chelogoi was convicted on all five counts facing him, the other official implicated in the case, Andrew Aseri Kirungu, was acquitted during Friday's proceedings.
Kirungu had faced separate allegations, including abuse of office, but the court did not convict him.
The contrasting outcomes underscore the importance of separating individual criminal liability in a case involving multiple officials and allegations surrounding the same property.
For Chelogoi, the conviction now places the former senior administrator at the centre of a criminal finding concerning one of the most valuable disputed land transactions to reach the courts.
The case also raises broader questions about the integrity of land records, the use of government offices in property transactions, and the vulnerability of high-value land to competing claims backed by official documentation.
The court's findings, however, remain specific to the evidence presented in this case: Chelogoi was convicted on five counts, while Kirungu was acquitted.
