Former Nairobi Provincial Commissioner Davis Nathan Chelogoi has been found guilty 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, convicting Chelogoi on five counts linked to the disputed 7.39-hectare parcel of land, registered as LR No. 18485.
The prosecution alleged that Chelogoi conspired with former Assistant Deputy Director in the Lands Administration Office Andrew Aseri Kirungu to deprive two businessmen of the property.
In her judgment, Alego said the complainants had established an ownership trail through Liney Company Limited dating back to 2007. The ownership claim was supported by verification from the Ministry of Lands and a judgment by the Environment and Land Court.
Chelogoi, however, relied on a title deed issued in June 2021 but failed to demonstrate a lawful basis for his ownership claim or authenticate the documents he presented, the court heard.
The magistrate also relied on evidence from 19 prosecution witnesses, saying their testimony weakened Chelogoi’s defence.
“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,” Alego said.
She subsequently found Chelogoi guilty on counts one to five.
The magistrate also addressed the delay in delivering the judgment, which had been pending for nearly a year. She attributed the delay to repeated applications challenging the proceedings and Chelogoi’s failure to comply with court attendance requirements.
Alego further cited incidents of alleged intimidation and cyberbullying, saying she had received letters from Chelogoi, including two delivered during the week of the judgment and copied to her employer.
The ruling followed a decision by High Court Judge Alexander Muteti to dismiss an application seeking to stop the trial, allowing the magistrate’s court to proceed.
The judgment had earlier been scheduled for October 7 but was postponed after the High Court temporarily suspended the proceedings while considering the application.
Meanwhile, Kirungu, the other official accused in the case, was acquitted during Friday’s proceedings. He had faced separate allegations, including abuse of office.
