Former Nairobi Provincial Commissioner Davis Chelogoi was convicted of five offences in a Sh1.3 billion land fraud case concerning a 7.39‑hectare parcel in Lower Kabete after the magistrate ruled the prosecution proved its case beyond reasonable doubt.
Principal Magistrate Dolphina Alego highlighted that testimony from 19 prosecution witnesses, including officials from the State Department for Lands and Physical Planning, was pivotal in establishing the fraudulent nature of Chelogoi’s claim.
The court rejected Chelogoi’s assertion that former President Daniel arap Moi allocated the land to him in 1995, noting he failed to produce authentic documents to substantiate the alleged allocation or a lawful chain of ownership.
Land registrar Pauline Achieng testified that signatures and stamp impressions on the title documents were not genuine, and the magistrate pointed to inconsistencies in tracking numbers and gaps in registry records that further undermined Chelogoi’s claim.
Co‑accused former Assistant Deputy Director of Lands Administration Andrew Aseri Kirungu was acquitted after the court found insufficient evidence that he knowingly participated in the fraud, citing missing or destroyed correspondence within the Ministry of Lands.
The disputed parcel had previously been sold to businessmen Ashok Rupshi Shah and Hitenkumar Amritlal Raja by Liney Company Limited for Sh33 million under a 2007 sale agreement, a claim upheld by the Environment and Land Court in 2022 and affirmed by the Court of Appeal.
The magistrate noted procedural concerns, including alleged intimidation during the judgment delivery and delays in the proceedings, but these did not affect the conviction of Chelogoi on the five counts.
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