Former Nairobi Provincial Commissioner Davis Nathan Chelogoi has been sentenced to three years in prison following his conviction in a high-profile KSh1.35 billion land fraud case involving a prime property in Lower Kabete, Nairobi.
Milimani Chief Magistrate Dolphina Alego handed down the sentence on Monday, November 2, 2026, after hearing mitigation submissions from both the prosecution and the defence.
The court ordered the custodial sentences imposed on Chelogoi to run concurrently, meaning he will serve a total of three years behind bars. The magistrate also ruled out a fine as an alternative to imprisonment.
Chelogoi’s sentencing follows his conviction on five counts in a case involving a 7.39-hectare parcel of land along Lower Kabete Road, valued at approximately KSh1.35 billion.
The former administrator was accused of fraudulently acquiring the property belonging to businessmen Ashok Rupshi Shah and Hitenkumar Amritlal Raja through forged land ownership documents.
How the KSh1.35 Billion Land Fraud Unfolded
The dispute centres on a property identified as LR No. 18485, which the complainants maintained they had legally acquired from Liney Company Limited through a sale agreement executed in January 2007.
The businessmen told the court that they purchased the land for approximately KSh33 million and had maintained a legitimate chain of ownership.
However, prosecutors alleged that between May 2020 and June 2021, Chelogoi and his co-accused, former Assistant Deputy Director of Lands Administration Andrew Aseri Kirungu, conspired to fraudulently acquire the property by facilitating its registration in Chelogoi’s name.
At the centre of the prosecution’s case was a disputed letter of allotment dated January 31, 1995, which Chelogoi allegedly used to support his claim that the government had allocated him the property.
The prosecution argued that the documents presented to establish his ownership were fraudulent, including signatures and official stamps attributed to a land registrar.
During the trial, land registrar Pauline Achieng testified that the signatures and stamp impressions appearing on the disputed documents were not authentic.
The court also heard evidence from land officials, surveyors and forensic document examiners who challenged the authenticity of the documents supporting Chelogoi’s competing ownership claim.
Court Relies on Evidence From 19 Witnesses
In convicting Chelogoi on October 16, 2026, Magistrate Alego relied on evidence presented by 19 prosecution witnesses, including officials from the State Department for Lands and Physical Planning.
The court found that the prosecution had established that the documents used to support Chelogoi’s claim to the property had been forged.
The magistrate further observed that the complainants had presented a documented history of ownership that had previously been recognised by the Environment and Land Court in a judgment delivered in July 2022.
The ownership decision was subsequently upheld by the Court of Appeal, strengthening the complainants’ claim to the disputed property.
Chelogoi, however, maintained that he was the legitimate owner, arguing that former President Daniel arap Moi allocated him the land in January 1995 at a premium of approximately KSh2.48 million.
He told the court that his demanding responsibilities in public service had delayed the regularisation of his ownership documents, which were eventually processed in June 2021.
However, the magistrate found that he had failed to provide sufficient authenticated documentation to establish a lawful chain of ownership.
Co-Accused Acquitted
In a separate development, Chelogoi’s co-accused, Andrew Aseri Kirungu, was acquitted after the court found that the prosecution had not established his criminal culpability beyond reasonable doubt.
Kirungu had faced allegations linked to the processing of the disputed land registration.
The magistrate ruled that the evidence against him was insufficient to warrant a conviction, granting him the benefit of the doubt.
His acquittal means that Chelogoi was held criminally responsible for the offences proved against him, while his co-accused escaped conviction.
Prosecution and Defence Clash Over Sentence
During Monday’s sentencing proceedings, the prosecution urged the court to consider the impact of the alleged fraud on the complainants, including their financial losses, prolonged legal battles and security concerns.
The state also asked the court to consider the need for compensation to restore the businessmen to the position they occupied before the disputed transactions.
The defence, however, urged the magistrate to exercise leniency, arguing that the complainants were already in occupation of the property and that issues surrounding compensation were being addressed through separate civil proceedings.
Chelogoi’s lawyers also cited his age, health concerns and lengthy public service career in seeking a more lenient sentence.
The court ultimately imposed a three-year custodial sentence without the option of a fine.
Chelogoi has the right to appeal the conviction and sentence within 14 days of the ruling.
Magistrate Raises Concerns Over Alleged Intimidation
The case also attracted attention over concerns raised by Magistrate Alego regarding what she described as attempts to intimidate her during the proceedings.
In her October 16 judgment, the magistrate disclosed that she had received personal letters from Chelogoi, some of which were copied to her employer.
She questioned whether the administration of justice could function effectively if judicial officers were subjected to intimidation whenever they handled controversial cases.
The magistrate also expressed concern over repeated applications that had prolonged the proceedings, noting that it had taken considerable time to bring the matter to a conclusion.
A Major Development in Kenya’s Long-Running Land Disputes
Chelogoi’s conviction and sentencing mark a significant development in a property dispute that has traversed several court proceedings over the years.
The case has once again drawn attention to the challenges surrounding land ownership, fraudulent documentation and the integrity of Kenya’s land registration system.
The dispute also highlights the consequences of presenting forged documents in attempts to establish ownership of valuable property.
Beyond the prison sentence, the court directed the Chief Land Registrar to cancel parallel title deeds and registration details relating to the disputed property, affirming the ownership position established in earlier court proceedings.
For the complainants, the ruling represents a major development in their prolonged efforts to protect their property rights.
For the former provincial commissioner, the three-year sentence marks a dramatic turn in the career of a former senior government administrator who served during the administration of the late President Daniel arap Moi.
The case is likely to remain significant as the legal process moves to the appeal stage and the broader question of accountability in Kenya’s property sector continues to attract public attention.
