Ex-Nairobi PC Chelogoi convicted in Sh1.35bn Lower Kabete land fraud

A former Nairobi Provincial Commissioner, Davis Nathan Chelogoi, has been convicted in a Sh1.35 billion land fraud case.

Chelogoi was found guilty of defrauding businessmen Ashok Rupshi Shah and Hiten Amritlal Shah of their 7.39-hectare parcel of land in Lower Kabete, Nairobi.

Principal Magistrate Dolphina Alego convicted Chelogoi on five counts after finding that the prosecution had proved its case against him beyond reasonable doubt.

It was a double loss for Chelogoi, as he also lost a constitutional petition in the High Court seeking to stop Ms Alego from proceeding with the case. Justice Alexander Muteti dismissed his application, saying he had “squandered his opportunity to defend himself by abandoning his case at the magistrate’s court”. Justice Muteti ordered Chelogoi to appear before Ms Alego for the conclusion of the case.

However, the court acquitted Chelogoi’s co-accused, former Assistant Deputy Director of Lands Administration Andrew Aseri Kirungu, after finding that the prosecution had failed to establish his guilt to the required standard.

Chelogoi had denied charges including conspiracy to defraud, forgery and uttering forged documents, while Kirungu faced charges including conspiracy to defraud and abuse of office.

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In her judgment delivered on Friday, the magistrate said the prosecution had called 19 witnesses, mainly drawn from the State Department for Lands and Physical Planning, whose evidence undermined Chelogoi’s claim to the property.

“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,” Ms Alego said.

The dispute involves businessmen Ashok Rupshi Shah and Hitenkumar Amritlal Raja, who told the court that they had legally purchased the property from Liney Company Limited through a sale agreement dated January 23, 2007, for Sh33 million.

The two complainants presented what the prosecution described as a continuous and verifiable history of ownership, which had previously been upheld by the Environment and Land Court in 2022 and subsequently affirmed by the Court of Appeal.

The magistrate noted that land surveyors and registry officials who testified had failed to establish authentic historical survey records, deed plans or primary entry records supporting Chelogoi’s competing claim before June 2021.

Chelogoi had earlier told the court in his defence that former President Daniel arap Moi allocated him the land in January 1995 for Sh2.48 million.

He argued that his demanding public service assignments as provincial commissioner had delayed the regularisation of his ownership documents, culminating in the issuance of a title deed on June 4, 2021.

However, the court found that he had failed to provide documentary evidence authenticating the alleged allocation or establishing a lawful chain of ownership.

Also Read:Why judges suspended hearing of Chelogoi Sh2bn land case

The prosecution also presented evidence challenging the documents used to process the title.

A land registrar, Pauline Achieng, testified that the signatures and stamp impressions attributed to her on documents supporting Chelogoi’s claim were not authentic.

The court further heard that inconsistencies in internal tracking numbers and gaps in land registry records undermined the documentation supporting the disputed title.

In his defence, Kirungu maintained that his role in processing the registration was administrative and that he had no actual knowledge of existing court decrees or competing ownership claims.

“The evidence establishes that the relevant correspondence and files inside the Ministry of Lands were either missing or destroyed,” the magistrate observed in her ruling, adding that the circumstances raised reasonable doubt about the second accused’s knowledge of the competing claims.

The court consequently acquitted Kirungu while convicting Chelogoi on five counts.

The magistrate also raised concerns about alleged intimidation during the delivery of the judgment and faulted procedural delays in the case.

The land has also been the subject of High Court cases involving the late businessman Jacob Juma. Both the High Court and the Court of Appeal ruled that the land belongs to Ashok Shah.

Chelogoi, who was remanded at Industrial Area Prison, will return to court on November 2, 2026, for mitigation and sentencing. His bond was cancelled.

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