The Nairobi High Court sentenced former Provincial Commissioner Davis Nathan Chelogoi to three years in prison without a fine after finding him guilty of land fraud involving property valued at about Ksh1.3 billion.
Chelogoi, 76, was convicted on six separate counts, with the court ordering two years for each of the first two counts, three years for counts three, four and five, and one year for the sixth count.
All six terms were ordered to run concurrently, meaning the longest term – three years – is the total period of incarceration.
The court adopted the Victim Impact Assessment Report as part of its sentencing order and notified the defence of a 14‑day window to lodge an appeal.
During mitigation, Chelogoi’s lawyer highlighted his client’s advanced age, cardiac health issues and four decades of public service, urging a non‑custodial penalty.
The prosecution countered the request for leniency, emphasizing the severe impact on elderly victims who have endured prolonged stress, financial strain and alleged intimidation since 2023.
State counsel also argued that the victims incurred significant legal and investigative costs and that their businesses suffered, urging the court to consider compensation under the Victim Protection Act and related statutes.
The defence maintained that Chelogoi had complied with court requirements, voluntarily surrendered his passport and attended every hearing, suggesting a low risk of absconding.
The lawyer further asserted that a separate civil case (ELC Case No. E070 of 2023) before Justice Kulo should determine ownership and compensation, not the criminal proceedings.
The defence also disputed allegations of threats and intimidation recorded in a probation report, stating that those claims were not proven during trial.
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