Former Nairobi Provincial Commissioner Davis Nathan Chelogoi has been found guilty on five counts in a Sh1.35 billion land fraud case involving a 7.39-hectare parcel of land in Lower Kabete, Nairobi.
Principal Magistrate Dolphina Alego delivered the judgment at Milimani Law Courts on Friday, October 16, 2026, ruling that the prosecution had proved its case against Chelogoi beyond reasonable doubt.
However, his co-accused, former Assistant Deputy Director of Lands Administration Andrew Aseri Kirungu, was acquitted of the two charges he faced after the court found insufficient evidence to establish his guilt beyond reasonable doubt.
The case arose from a protracted ownership dispute involving businessmen Ashok Rupshi Shah and Hitenkumar Amritlal Raja, who told the court that they purchased the property from Liney Company Limited for Sh33 million under a sale agreement dated January 23, 2007.
The complainants maintained that the land was subsequently fraudulently registered in Chelogoi’s name despite their ownership having been affirmed by the Environment and Land Court in 2022 and upheld by the Court of Appeal.
Chelogoi had claimed that former President Daniel arap Moi allocated him the property in January 1995, adding that he paid Sh2.48 million for the land. He told the court that his demanding duties in public service delayed the regularisation of his ownership documents, leading to the issuance of a title deed on June 4, 2021.
He faced charges including conspiracy to defraud, forgery and uttering forged documents, while Kirungu was accused of conspiracy to defraud and abuse of office over his alleged role in facilitating the registration.
In her judgment, Magistrate Alego relied on testimony from 19 prosecution witnesses, mainly officials from the State Department for Lands and Physical Planning, whose evidence challenged the authenticity of documents used to support Chelogoi’s claim.
The court heard that land surveyors and registry officials could not establish authentic historical survey records, deed plans or original registry entries to support the alleged 1995 allocation before the disputed title was issued in 2021.
Land Registrar Pauline Achieng also testified that signatures and official stamp impressions attributed to her on documents supporting the title were not authentic.
The magistrate identified inconsistencies in the documentation, including discrepancies in internal tracking numbers and the absence of reliable historical records establishing a lawful chain of ownership.
The court consequently found that Chelogoi had failed to provide sufficient documentary evidence to authenticate the alleged allocation or establish a legitimate basis for his claim against the complainants’ previously verified titles.
Kirungu, however, was acquitted after the court found that missing or destroyed files and correspondence at the Ministry of Lands created reasonable doubt about whether he knew of existing court orders and competing ownership claims when processing the documents.
Magistrate Alego also raised concerns about alleged intimidation during the delivery of the judgment and procedural delays that had affected the case.
Magistrate Alego set November 2nd, 2026 for mitigation and Sentencing.
