Former Nairobi Provincial Commissioner Davis Nathan Chelogoi has been sentenced to 14 years in prison by Milimani Chief Magistrate Dolphina Alego for his involvement in a fraudulent scheme to acquire a 7.39-hectare parcel of land in Lower Kabete, Nairobi. The land, valued at Sh1.35 billion, belongs to businessmen Ashok Rupshi Shah and Hitenkumar Amritlal Raja. Chelogoi was found guilty of six offences, including conspiracy to defraud and forgery.
The court established that Chelogoi forged a letter of allotment dated January 31, 1995, purporting to have been issued by the Commissioner of Lands to support his claim to the property. Additionally, on October 11, 2023, Chelogoi presented forged documents, including the letter of allotment and a certificate with a forged signature and stamp impression attributed to land registrar Paul Achieng Pesa, to support his claim of ownership.
Chelogoi was sentenced to two years’ imprisonment for conspiracy to defraud, two years for forcible detainer, three years for each of the two counts of forgery, three years for uttering a forged document, and one year for procuring registration of land by false pretence. The court directed that all the sentences run concurrently. The prosecution, led by Sonia Njoki, Hillary Isiaho, and James Murage, called 19 witnesses and presented documentary and expert evidence to prove the six counts against Chelogoi.
The Director of Public Prosecutions (DPP) secured the conviction and sentence, marking a significant victory in the fight against land fraud in Kenya. The case highlights the complexities and challenges of land ownership in the country, where fraudulent activities often involve high-ranking officials and large sums of money.
In its judgment, the court ordered the Land Registrar to cancel any parallel title or registration issued in respect of the property, affirming that the land belongs to Shah and Raja. This ruling aims to restore the rightful ownership of the property and prevent further fraudulent activities.
The conviction and sentencing of Chelogoi serve as a deterrent to others who may be tempted to engage in similar fraudulent activities. The case demonstrates the commitment of Kenyan authorities to uphold the law and protect property rights, particularly in cases involving high-profile individuals.
The 14-year prison sentence handed to Chelogoi brings closure to a lengthy and complex case that has seen significant evidence and testimony presented in court. The DPP's office has expressed satisfaction with the outcome, which is expected to send a strong message to those involved in land fraud and other related crimes.
Key points
- Former Nairobi Provincial Commissioner Davis Nathan Chelogoi sentenced to 14 years in prison for land fraud.
- Chelogoi found guilty of six offences, including conspiracy to defraud and forgery.
- Court orders Land Registrar to cancel any parallel title or registration issued in respect of the disputed property.
