Former Nairobi Provincial Commissioner Davis Nathan Chelogoi has been found guilty of fraudulently acquiring a disputed 7.39-hectare parcel of land in Lower Kabete valued at Ksh1.35 billion.
Chief Magistrate Dolphina Alego delivered the judgment on Friday, October 16, convicting Chelogoi on five counts linked to the contested property, identified as LR No. 18485.
The prosecution accused Chelogoi of conspiring with former Assistant Deputy Director in the Lands Administration Office Andrew Aseri Kirungu to deprive two businessmen of ownership of the land.
During the trial, the court established that the complainants had demonstrated an ownership history dating back to 2007 through Liney Company Limited.
Their claim was supported by verification from the Ministry of Lands and a previous judgment delivered by the Environment and Land Court.
However, Chelogoi relied on a title deed issued in June 2021 but failed to demonstrate the legal basis for his claim to the property or authenticate the documents presented in support of his ownership.
Magistrate Alego said testimony from 19 prosecution witnesses played a critical role in discrediting the former commissioner’s defence.
“To conclusively determine the fraudulent nature of the first accused’s claims, this court relies heavily on the compelling and corroborative testimony of the 19 prosecution witnesses. Their evidence systematically dismantled the first accused’s defense through two critical determinations. Davis Nathan Chelogoi is found guilty and convicted on counts 1, 2, 3, 4 and 5,” the magistrate said.
The court also addressed the circumstances surrounding the prolonged delivery of the judgment, which had been delayed for nearly a year.
According to Alego, repeated applications by Chelogoi challenging the proceedings, alongside his failure to comply with court attendance requirements, contributed to the delay.
The magistrate further raised concerns over alleged intimidation and cyberbullying involving the former provincial commissioner.
She disclosed that she had received several letters from Chelogoi, including two delivered during the week of the judgment and copied to her employer.
The conviction followed a decision by High Court Judge Alexander Muteti to dismiss an application seeking to halt the proceedings, clearing the way for the trial court to deliver its determination.
Earlier, the High Court had temporarily suspended the case and postponed the judgment, which had initially been scheduled for October 7, pending the determination of the accused's application.
Meanwhile, Kirungu, the other official implicated in the case, was acquitted during Friday's proceedings. He had faced separate allegations, including abuse of office.
The ruling marks a significant development in the long-running dispute over the ownership of the Lower Kabete property, with the court finding Chelogoi guilty on all five counts brought against him.
