Former Nairobi Provincial Commissioner Davis Nathan Chelogoi has been found guilty on five counts in a Sh1.3 billion land fraud case involving a 7.39-hectare parcel in Lower Kabete, Nairobi.

Principal Magistrate Dolphina Alego found Chelogoi guilty after concluding that the prosecution had proved its case beyond reasonable doubt.

His co-accused, former Assistant Deputy Director of Lands Administration Andrew Aseri Kirungu, was acquitted of the two charges he faced.

The case stems from a long-running ownership dispute involving businessmen Ashok Rupshi Shah and Hitenkumar Amritlal Raja, who claim the property was fraudulently registered in Chelogoi's name despite their established ownership.

Chelogoi faced charges including conspiracy to defraud, forgery and uttering forged documents. Kirungu was charged with conspiracy to defraud and abuse of office.

Shah and Raja told the court they purchased the land from Liney Company Limited for Sh33 million through a sale agreement dated January 23, 2007.

They testified that their ownership was subsequently affirmed by the Environment and Land Court in 2022 and upheld by the Court of Appeal.

Chelogoi maintained that he acquired the property through an allocation by former President Daniel arap Moi in January 1995, for which he paid Sh2.48 million.

He told the court that his demanding assignments in public service as provincial commissioner delayed the regularisation of his ownership documents, culminating in the issuance of a title deed on June 4, 2021.

Kirungu, who was accused of facilitating the registration, argued that his role was strictly administrative. He said he had no actual knowledge of existing court decrees or competing ownership claims when he processed the paperwork.

In her judgment delivered on Friday, Alego said the prosecution called 19 witnesses, mainly drawn from the State Department for Lands and Physical Planning, whose testimony undermined Chelogoi's claim.

“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.

The court heard evidence from land surveyors and registry officials who were unable to establish authentic historical survey records, deed plans or primary entry records supporting Chelogoi's claim before June 2021.

Land registrar Pauline Achieng also testified that signatures and stamp impressions attributed to her on documents supporting the disputed title were not authentic.

The magistrate found inconsistencies in the documentation used to support Chelogoi's claim, including discrepancies in internal tracking numbers and the absence of reliable historical records.

The court consequently found that Chelogoi had failed to produce documentary evidence authenticating the alleged 1995 allocation or establishing a lawful chain of ownership to counter the complainants' previously verified titles.

Kirungu was acquitted after the magistrate found that the prosecution had not proved his guilt beyond reasonable doubt.

“The evidence establishes that the relevant correspondence and files inside the Ministry of Lands were either missing or destroyed,” Alego said, noting that the gaps created reasonable doubt about whether Kirungu knew of the existing court decrees and competing titles when he processed the documents.