Former Nairobi Provincial Commissioner Davis Nathan Chelogoi has been sentenced to three years in prison without the option of a fine following his conviction in a land fraud case involving property valued at approximately Ksh1.3 billion. The 76-year-old former government official received custodial sentences on six counts, with the court ordering that all the terms run concurrently.
Chelogoi was sentenced to two years on each of the first two counts, three years on counts three, four and five, and one year on the sixth count. The concurrent sentences mean he will serve a maximum of three years in prison. The sentence follows Chelogoi’s conviction in the high-value land fraud case, which has involved a dispute over property estimated to be worth approximately Ksh1.3 billion.
During mitigation, Chelogoi’s lawyer asked the court to consider a non-custodial sentence, citing his client’s advanced age, medical condition and decades of public service. The defence told the court that Chelogoi was a widower with documented cardiac complications and other age-related health challenges. His lawyer also submitted that Chelogoi had served the government for approximately 40 years, rising to the rank of Provincial Commissioner, and had no previous record of conflict with the law.
The defence further argued that his conduct during the trial demonstrated respect for the court process. According to his lawyer, Chelogoi attended every hearing and voluntarily surrendered his passport, which the defence said indicated he was unlikely to abscond. The lawyer also challenged allegations of threats and intimidation contained in the probation report, arguing that the claims had not been established during the trial.
The prosecution urged the court to impose a custodial sentence, arguing that the impact of the case on the complainants should be considered alongside the accused’s personal circumstances. The state told the court that the victims were elderly and had endured years of stress and financial strain since the case began in 2023. It also cited security concerns and allegations of intimidation documented in the victim impact report.
The prosecution further submitted that the complainants had incurred substantial legal and investigative expenses, while their businesses had suffered during the dispute. The state urged the court to consider compensation under the relevant provisions of the Victim Protection Act, the Penal Code and the Criminal Procedure Code. It also argued that attending court was a legal obligation and should not, by itself, be treated as a sufficient reason for leniency.
The court adopted the Victim Impact Assessment Report as part of its orders and informed the defence of its right to appeal within 14 days of sentencing. Chelogoi’s grandchildren were present in court during the sentencing proceedings. The sentence marks the end of a lengthy court process that began in 2023 and involved a dispute over high-value property.
Key points
- Former Nairobi Provincial Commissioner Davis Nathan Chelogoi sentenced to three years in prison for land fraud.
- Chelogoi convicted for his role in a land fraud case involving property valued at approximately Ksh1.3 billion.
- The court adopted the Victim Impact Assessment Report as part of its orders.
