Former Nairobi Provincial Commissioner Davis Nathan Chelogoi has been found guilty on five counts in a Sh1.3 billion land fraud case involving a 7.39-hectare property in Lower Kabete, Nairobi.
Principal Magistrate Dolphina Alego convicted Chelogoi after finding that the prosecution had established his guilt beyond reasonable doubt, relying on evidence presented by 19 witnesses during the trial.
The witnesses challenged Chelogoi’s claim to the disputed parcel, with testimony from officials mainly drawn from the State Department for Lands and Physical Planning forming a key part of the prosecution’s case.
In her judgment, Magistrate Alego said the evidence presented by the witnesses was consistent and supported the prosecution’s allegations against the former provincial commissioner.
She noted that the testimony helped weaken Chelogoi’s claim to the property, providing the court with sufficient grounds to find him guilty on the five counts.
Chelogoi had denied the charges, which included conspiracy to defraud, forgery and uttering forged documents. The case centred on the disputed ownership of the Lower Kabete parcel, whose value was estimated at Sh1.3 billion.
However, the court acquitted his co-accused, former Assistant Deputy Director of Lands Administration Andrew Aseri Kirungu, after determining that the evidence presented was insufficient to prove his guilt.
Kirungu had faced charges including conspiracy to defraud and abuse of office. His acquittal means the court found that the prosecution had not established the case against him to the required legal standard.
The two former public officials had been prosecuted in connection with the land dispute, but the court reached different conclusions after examining the evidence against each accused person.
The prosecution’s case against Chelogoi relied heavily on testimony from government officials familiar with land administration and the processes surrounding the disputed property.
Magistrate Alego said their evidence was both compelling and corroborative, supporting the prosecution’s position and undermining Chelogoi’s claim to the land.
The court’s decision distinguishes Chelogoi’s conviction from Kirungu’s acquittal, reflecting the different levels of evidence presented against the two accused persons.
