Former Nairobi Provincial Commissioner Davis Nathan Chelogoi was on Monday jailed for three years over the fraudulent acquisition of a 7.39-hectare parcel of land along Lower Kabete Road in Nairobi, valued at Sh1.35 billion.

Chief Magistrate Dolphina Alego of the Milimani Law Courts handed down separate terms on six counts, ranging from one to three years, but ordered that they run concurrently. "The sentences will run concurrently," the magistrate said, meaning the Moi-era administrator will serve an effective three years. He was given 14 days to appeal.

Six counts, 19 witnesses

Chelogoi had been convicted in October on charges including conspiracy to defraud, forcible detainer, forgery and uttering false documents. The magistrate imposed two years each on the first two counts, three years each on counts three to five and one year on the last count. No fine was offered as an alternative.

The prosecution, which called 19 witnesses including land registrars, surveyors and forensic document examiners, said Chelogoi had the parcel, LR No. 18485, registered in his name between May 2020 and June 2021 using forged ownership papers, a fabricated registry file card and falsified signatures.

Land registrar Paulina Achieng Pesa told the court that the signatures and stamps bearing her name on the documents used to back his title were not hers. Investigators also told the court that the Lands ministry held no authentic historical records supporting his claim to the land before the 2021 registration.

Who owns the land

The complainants, businessmen Ashok Rupshi Shah and Hitenkumar Amritlal Raja, said they bought the property from Lima Company Limited in January 2007. Their ownership was confirmed by the Environment and Land Court in July 2022, a decision the magistrate relied on.

In his defence, Chelogoi told the court that the late President Daniel arap Moi allocated him the land in January 1995 and that he paid a premium of about Sh2.48 million, but that his public duties and finances delayed the processing of his title until 2021. The court found that he had not produced authenticated documents to back that account.

His co-accused, former Assistant Deputy Director of Lands Administration Andrew Aseri Kirungu, was acquitted after the court found insufficient evidence linking him to the fraudulent registration, The Standard reported.

Titles to be cancelled

Beyond the jail term, the magistrate directed the Chief Land Registrar to cancel any parallel titles and registration records over the property, and adopted the victim impact assessment report as an order of the court.

The sentence makes Chelogoi one of the most senior former provincial administrators to be jailed over a land fraud, at a time when disputes over prime Nairobi land continue to clog the courts.

Photos: Eastleigh Voice; The Standard (Nancy Gitonga). Thumbnail design: HAMASTA MEDIA.