Former Provincial Commissioner David Chelogoi has been sentenced to three years in prison in connection with a Sh1.35 billion land fraud case involving a disputed property in Lower Kabete. Milimani Chief Magistrate Dolphina Alego handed down the sentence after hearing submissions from both the prosecution and the defence. The case has been ongoing for several years, with Chelogoi charged with conspiring with a man identified as Kirungu to defraud businessmen Ashok Rupshi and Hitenkumar Amritlal Raja of a 7.39-hectare parcel of land.
During the sentencing proceedings, the prosecution urged the court to consider the security concerns raised in the case, arguing that the age of the complainants should not influence the sentence since their grievances had existed for years. The prosecution also asked the court to consider compensation that would restore the complainants to the position they were in before the alleged fraud affected their businesses. This was a key aspect of the prosecution's submission, highlighting the impact of the fraud on the complainants.
In response, defence counsel argued that the complainants were already in occupation of the disputed property and that Chelogoi did not hold their title deeds. The defence further noted that the issue of compensation was already before the Environment and Land Court, adding that no evidence had been presented to demonstrate the alleged threats against the complainants. The defence also asked the court to consider Chelogoi's conduct throughout the proceedings, saying he had consistently cooperated with the court.
The defence counsel also urged leniency on account of Chelogoi's health condition. Chelogoi had maintained that he was legally allocated the property in 1995 and insisted that he had evidence to support his ownership claim. The court had to weigh the competing claims and submissions from both the prosecution and the defence before making a decision.
In her ruling, Magistrate Dolphina Alego acknowledged the defence submissions before sentencing Chelogoi to three years in prison. The sentence marks a major development in the long-running dispute over the multibillion-shilling property. The court's decision is seen as a significant step towards resolving the dispute and bringing the perpetrators to justice.
Chelogoi was charged with conspiring with Kirungu to defraud the businessmen of the 7.39-hectare parcel of land along Lower Kabete Road, valued at Sh1.35 billion. The case has been widely followed due to its high profile and the large sum of money involved. The court's decision is expected to have implications for similar cases in the future.
The court's decision marks a significant milestone in the fight against land fraud in Kenya. The government has been working to crack down on land fraud and corruption, and this case is seen as a key example of this effort. The sentence handed down to Chelogoi sends a strong message to those involved in land fraud that they will be held accountable for their actions.
Key points
- Former Provincial Commissioner David Chelogoi sentenced to 3 years in prison for his role in a Sh1.35 billion land fraud case in Kenya.
