Former Nairobi Provincial Commissioner Convicted in Sh1.35 Billion Land Fraud Case

Court finds forged documents undermined Davis Chelogoi’s claim to prime Lower Kabete land, while his co-accused is acquitted.

A former Nairobi Provincial Commissioner has been convicted in a Sh1.35 billion land fraud case after a Nairobi court found that documents used to support his claim to a prime Lower Kabete property were not authentic.

Davis Nathan Chelogoi was found guilty on five counts on Friday, 16 October, following a trial in which the prosecution called 19 witnesses, including officials from the lands department. His co-accused, former Lands Administration official Andrew Aseri Kirungu, was acquitted after the court found that the evidence against him did not prove his guilt beyond reasonable doubt.

The ruling puts the spotlight on the documentary trail behind one of Nairobi’s high-value land disputes, including the records used to support competing claims to a 7.39-hectare parcel along Lower Kabete Road.

Court questions documents behind land claim

The disputed property, identified as LR No. 18485 and also reported as Nairobi/Block/80/44, is valued at approximately Sh1.35 billion. Businessmen Ashok Rupshi Shah and Hitenkumar Amritlal Raja claimed ownership through Liney Company Limited, relying on a transaction dating back to 2007 and earlier legal proceedings over the property. In her judgment, Milimani magistrate Dolphina Alego found that Chelogoi had failed to establish a lawful chain of ownership to counter the complainants’ claim.

The court heard evidence from land registry officials and surveyors who could not establish reliable historical records supporting key parts of Chelogoi’s claim. The prosecution also challenged documents linked to an alleged allocation of the land in 1995.

Land registrar Pauline Achieng testified that a signature and stamp attributed to her on documents presented in support of the disputed title were not genuine. The court found that the evidence undermined the authenticity of the documents used to support Chelogoi’s claim.

Alego said the testimony of the 19 prosecution witnesses was central to the court’s decision.

“To conclusively establish the fraudulent nature of the first accused’s claim, this court relies heavily on the compelling and corroborative testimony of the 19 prosecution witnesses,” she said, according to The Star’s report of the judgment.

Chelogoi was convicted on five counts, including conspiracy to defraud, forcible detainer, two counts of forgery and uttering a forged document. He had denied the charges.

Why the co-accused was acquitted

Kirungu faced separate allegations arising from the same land dispute, including conspiracy to defraud and abuse of office.

However, the court found that the prosecution had not established his criminal responsibility beyond reasonable doubt. Alego noted that relevant correspondence and files within the Ministry of Lands were missing or had been destroyed, leaving gaps in the evidence about what Kirungu knew when he handled the documents.

The acquittal is an important distinction in a case involving two public officials. The court found Chelogoi guilty on the evidence against him, but concluded that the evidence against Kirungu was insufficient to support a conviction.

Court orders action on competing land records

The judgment also has implications for the property’s registration.

According to The Standard and KBC, the court directed the Chief Land Registrar to cancel parallel title deeds and registration details issued over the disputed parcel. The court found in favour of Shah and Raja’s ownership claim.

The order addresses the competing registrations at the centre of the dispute. It also highlights the importance of reliable land records when ownership is contested.

Kenya’s land disputes often turn on the history and authenticity of documents, including allotment letters, survey plans, registry entries and title deeds. In this case, the court’s findings rested on evidence about the provenance of the documents and whether they established a lawful claim to the property.

Case faced legal challenges before judgment

The conviction follows several attempts to halt or change the course of the criminal proceedings.

In August, High Court Judge Alexander Muteti dismissed Chelogoi’s application seeking to stop the trial from proceeding before Alego. The judge directed that the matter continue in the magistrate’s court, allowing the case to move towards a conclusion.The proceedings had also faced delays, with the judgment previously scheduled for an earlier date before the court considered the application challenging the case.

During the delivery of the judgment, Alego raised concerns about alleged intimidation and letters she said she had received from Chelogoi, including correspondence copied to her employer. These concerns were raised by the magistrate in court; they should be distinguished from the specific offences on which Chelogoi was convicted.

Sentencing set for November

Following the conviction, Chelogoi’s bond was cancelled and he was ordered to remain in custody pending mitigation and sentencing, scheduled for 2 November 2026, according to KBC and The Standard.

The sentencing hearing will determine the punishment imposed for the offences. The conviction is the outcome of the trial court’s findings; any further legal challenge would be a separate step.

For the businessmen who have disputed the property’s ownership, the ruling is a significant development in a long-running fight over the land. For the wider public, the case raises a more fundamental question: whether official land records can be trusted to reflect lawful ownership when valuable property is contested.

The court has now delivered its verdict on Chelogoi’s criminal liability. The next stage is sentencing, alongside the implementation of the orders concerning the disputed land records.

About the Author

Maureen Onyango is a journalist passionate about storytelling, life coaching and spiritual lessons. She studied at the Kenya Institute of Management and enjoys telling stories that inform, inspire and empower communities.