The Directorate of Criminal Investigations (DCI) has launched a manhunt against former Nairobi Provincial Commissioner Davis Nathan Chelogoi over land fraud involving a Sh1.3 billion parcel of land located in Nairobi's Loresho area.
In a statement on Saturday, December 23, DCI said Chelogoi alongside Assistant Deputy Director in the Lands Administration Office Andrew Aseri Kirungu conspired to defraud Ashok Rupshi and Hitenkumar Amritlal Raja the land.
According to DCI, Shah and Amritlal Raja filed a complaint at the Chief Magistrate's Court in Nairobi against the late Mr Jacob Juma in 2009 accusing him of forcefully occupying their land.
The case was investigated independently by the Kenya Anti-Corruption Commission (KACC- currently EACC) & the DCI before the Director of Public Prosecution entered a Nolle prosequi the same year.
Ashok Rupshi Shah and Hitenkumar Amritlal were declared the legal owners of the land in question.
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Cheleogoi also claimed the land ownership through a Certificate of Title Land Reference No. 18485 issued to him on 4th June 2021.
The former Nairobi PC provided a Letter of Allotment dated 31st January 1995 for unsurveyed land in Lower Kabete, which he alleged to have been allotted to him by the late former President Daniel Arap Moi while serving as the Deputy Provincial Commissioner in Rift Valley.
“Investigations by DCI's Land Fraud Investigations Unit found his letter of acceptance for the alleged allotment to have been dated 13th February 1992 with the first name as 'David' and not Davis.
“Investigation of the correspondence file used by witnesses in the civil suit No. ELC 312 held by the Ministry of Lands revealed that the same had either gone missing or destroyed, as stated by the Director Land Administration Mr Gordon Odeka Ochieng who was a witness in the case,” DCI stated.
Further probe into the claims by Chelogoi established that the Assistant Deputy Land Administrator registered the Loresho land in favor of the former PC, indicating that he did not know previous records that favored Ashok and Hitenkumar.
The DCI detectives also found out that on April 30th, 2021, Aseri influenced the Deed Plan Officer at Surveys of Kenya to certify the Deed Plan for the land dated August 19, 1993, and the In Charge Reference Index Mapping (RIM) to provide a copy of the Deed Plan.
“Further anomalies that proved a well-orchestrated conspiracy to defraud the original owners of their land {bought from Liney Company Ltd at Sh33 million as supported by a January 23, 2007 Sale Agreement} include the production of a file card No. 323709 purportedly used to open in the name of Davis Nathan Chelogoi, but which upon search was found to belong to a parcel No. BLK5/74 registered in the name of Isaac Macharia and situated in Kitale and not Nairobi,” DCI added.
After being confronted by the establishments and the DPP's decision and directive that the two be charged in a criminal court, Chelogoi went into hiding and a warrant of his arrest has since been issued.
His accomplice Aseri is, however in police custody awaiting a ruling on his bond application.