Court Issues Directives in Ksh1.35B Land Case Involving Ex-Nairobi Commissioner

Former Nairobi Provincial Commissioner Davis Nathan Chelogoi has been convicted in a Ksh1.35 billion land fraud case involving a parcel of land in Lower Kabete, Nairobi.

In a statement on Friday, October 16, the Office of the Director of Public Prosecutions (ODPP) said the court found Chelogoi guilty of conspiracy to defraud, forcible detainer, two counts of forgery and an additional count of uttering a forged document in connection with the disputed property.

In its findings, the court established that the former commissioner conspired to defraud three individuals of the 7.390-hectare parcel of land.

"The court found that Chelogoi conspired to defraud Mr. Ashok, Rupshi Shah, and Hitebkumar Amritlal Raja of the land parcel known as Nairobi/Block/80/44, measuring approximate area 7.390 hectares, situated along Lower Kabete Road," the statement read.

The prosecution further established that Chelogoi forged a letter of allotment dated January 31, 1995, which purported to be a genuine document issued by the Commissioner of Lands.

The court also found that on October 11, 2023, at the Directorate of Criminal Investigations (DCI) headquarters along Kiambu Road in Kiambu County, Chelogoi knowingly presented forged documents as genuine records.

The documents included a letter of allotment dated January 1995 and a certificate bearing a forged signature and stamp impression attributed to Paul Achieng Pesa. 

The documents were allegedly presented as authentic records issued by the Commissioner of Lands and the land register under the State Department for Lands and Physical Planning.

The ODPP said the prosecution presented witness testimony alongside documentary and expert evidence to prove the charges against the former provincial commissioner.

"The prosecution through Sonia Njoki, Hillary Isiaho, and James Murage called nineteen witnesses and produced documentary and expert evidence in support of five counts that Chelogoi faced," the statement added.

Following the conviction, Chief Magistrate Dolphina Alego cancelled Chelogoi's bond terms and ordered that he be remanded at Nairobi Remand pending mitigation and sentencing.

The court scheduled the mitigation and sentencing hearing for November 2, 2026, when Chelogoi will have an opportunity to present mitigating factors before the sentence is determined.

In a further directive aimed at resolving the ownership dispute, the court ordered the cancellation of any parallel title or registration issued in relation to the property.

"The court ordered the land register to cancel any parallel land title or registration issued and ruled that the property belonged to Mr. Ashok Rupshi Shah and Hitebkumar Amritlal Raja," the statement concluded.

Elsewhere, former Kiambu Governor Ferdinand Waititu has suffered a major setback after the High Court upheld his conviction and sentence in a corruption case, revoked his bond and ordered his detention alongside three co-accused.

In a statement on Wednesday, October 14, the ODPP confirmed the court's decision, which also affected Waititu's wife, Susan Wangari Ndungu, former Kiambu County Chief Officer for Roads, Transport, Public Works and Utilities Luka Mwangi Wahinya, and Charles Chege Mbuthia, a director of Testimony Enterprises Limited.

The ODPP said the High Court had upheld the convictions and sentences imposed on Waititu and his co-accused in an appeal involving several corruption-related offences.

"The High Court has upheld the conviction and sentence of former Kiambu Governor Ferdinand Waititu and his co-accused in an appeal involving multiple corruption-related offences," the statement read.

According to the ODPP, the appellants had challenged their convictions over alleged offences linked to procurement and the handling of public resources during Waititu's tenure as Kiambu Governor. 

In a ruling delivered by Lady Justice Rose Ougo, the High Court upheld the convictions on the other charges and overturned the subordinate court's acquittal on the money laundering charges.

The court also revoked the bonds previously granted to the appellants, directing that they remain in custody as they await mitigation and sentencing on the money laundering charges before the subordinate court.

Under the orders, Susan Wangari Ndungu was to be detained at Lang’ata Women’s Prison, while Waititu, Wahinya and Mbuthia were ordered to be held at Nairobi Remand Prison.

The court granted the appellants 14 days within which to appeal the decision, providing a window for them to challenge the ruling.