DCI welcomes sentencing of former Nairobi Provincial Commissioner in KSh1.35 Billion Land Fraud Case
A investigation by the Directorate of Criminal Investigations (DCI) Land Fraud Unit detectives and subsequent prosecution the Director of Public Prosecutions (DPP) has resulted in the conviction and sentencing of former Nairobi Provincial Commissioner Davis Nathan Chelogoi in a KSh1.35 billion land fraud case involving a prime 7.39 -hectare parcel in Lower Kabete, Nairobi.
Following a three-year trial before Milimani Chief Magistrate Hon. Dolphina Alego, Chelogoi was found guilty of six offences: conspiracy to defraud, forcible detainer, two counts of forgery, uttering a forged document and procuring registration of land by false pretences.
The court sentenced him to two years' imprisonment for conspiracy to defraud, two years for forcible detainer, three years for each of the two forgery counts, three years for uttering a forged document and one year for procuring registration of land by false pretences. All sentences are to run concurrently.
The court also adopted the Victim Impact Assessment Report prepared by the Probation Department and awarded the victims, businessmen Ashok Rupshi Shah and Hitenkumar Amritlal Raja, KSh30 million in compensation.
The case involved land registered as LR No. 18485, IR No. 64011/1, before its conversion to Title No. Nairobi/Block/80/44-72.
Chelogoi attempted to claim ownership of the property using fraudulent documentation despite an earlier determination of ownership in Environment and Land Court (ELC) Case No. 312 of 2009, which affirmed the interests of Shah and Raja. The property had also previously been claimed by the late Jacob Juma.
In its judgment, the court established that Chelogoi forged a letter of allotment dated January 31, 1995, purportedly issued by the Commissioner of Lands, to support his claim to the property. The court noted a fundamental inconsistency in the documentation, as the purported acceptance of the allotment was dated February 13, 1992, nearly three years before the alleged allocation.
Further investigations and court findings established that the land registration documents Chelogoi relied on related to a different property, Block 5/74, situated in Kitale and belonging to Isaac Macharia, under File Opening Card No. 323709.
The court also established that the reference number on the purported letter of allotment, Ref. No. 75707/VII, actually belonged to correspondence dated March 25, 1992, concerning an unrelated matter between the Commissioner of Lands and the Director of Physical Planning in the Ministry of Lands.
Additional inconsistencies emerged regarding the alleged registration of the property 25 years after the purported allotment, contrary to the special conditions requiring compliance within 30 days. The court also considered that the property was unavailable for allocation, having already been purchased by Shah and Raja, the third owners.
On October 11, 2023, Chelogoi knowingly presented the disputed documents to DCI land fraud investigators at the DCI Headquarters along Kiambu Road. These included the purported letter of allotment and a certificate bearing a forged signature and stamp impression attributed to Land Registrar Paul Achieng Pesa.
The trial court further ordered the Chief Land Registrar to cancel any parallel title or registration issued in respect of the disputed property, reaffirming the earlier ELC decree recognising Shah and Raja's ownership.
The prosecution called 19 witnesses and presented documentary evidence, including forensic examination findings from the National Police Service (NPS) National Forensic Laboratory. The forensic document examiner's findings discredited the authenticity of the documents relied upon by Chelogoi and supported the prosecution's case on the six charges.
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