Former Provincial Commissioner Sentenced to 3 Years in Ksh1.35 Billion Land Fraud

Former Nairobi Provincial Commissioner Davis Nathan Chelogoi has been sentenced to 14 years in prison over a fraudulent scheme involving a 7.39-hectare parcel of land in Lower Kabete, Nairobi, valued at Ksh1.35 billion.

In a statement on Monday, November 2, the Office of the Director of Public Prosecutions (DPP) said Milimani Chief Magistrate Dolphina Alego found Chelogoi guilty of six offences arising from attempts to fraudulently acquire the property belonging to two businessmen.

"Milimani Chief Magistrate Dolphina Alego found Chelogoi guilty of six offences arising from attempts to fraudulently acquire land parcel Nairobi/Block/80/44 belonging to businessmen Ashok Rupshi Shah and Hitenkumar Amritlal Raja," the statement read.

The court handed Chelogoi separate prison sentences for the six offences, including two years for conspiracy to defraud, two years for forcible detainer and three years for each of the two counts of forgery.

He was also sentenced to three years for uttering a forged document and one year for procuring registration of land by false pretences. 

However, the magistrate directed that all the sentences run concurrently.

In its judgment, the court established that Chelogoi had forged documents in an attempt to establish ownership of the disputed property, including a letter purportedly issued by the Commissioner of Lands.

"In its judgment, the court found that Chelogoi forged a letter of allotment dated 31st January 1995, purporting to have been issued by the Commissioner of Lands to support his claim to the property," the statement added.

The court further established that Chelogoi presented the forged documents at the Directorate of Criminal Investigations (DCI) headquarters along Kiambu Road on October 11, 2023, while attempting to support his ownership claim.

The documents included the purported letter of allotment and a certificate bearing a forged signature and stamp impression attributed to land registrar Paul Achieng Pesa.

"The documents were presented as genuine records to support his claim of ownership and dealings in the disputed property," the statement added.

In a further order, Magistrate Alego directed the Land Registrar to cancel any parallel title or registration issued in respect of the property, affirming that the disputed 7.39-hectare parcel belongs to Shah and Raja.

Meanwhile, the DPP has secured a 10-year jail sentence for three family members convicted of money laundering. 

In a statement, the ODPP said the accused Christopher Joseph Okal, his brother Vincent Anyumba, and their mother Grace Minayo Okal were also sentenced to 10 years in jail for the acquisition and possession of proceeds of crime. 

"The Director of Public Prosecutions (DPP) has today secured a 10-year jail sentence for three family members convicted by the Kisumu Magistrate's Court for money laundering contrary to Section 3(a), (b), (i), (ii) and (iii), as read with Section 16(1)(a) of the Proceeds of Crime and Anti-Money Laundering Act.

"Further, Mr. Christopher Joseph Okal, his brother Mr. Vincent Anyumba, and their mother Ms. Grace Minayo Okal were also sentenced to 10 years in prison for the acquisition and possession of proceeds of crime contrary to Section 4(a)(b)(c), read with Section 16(1)(a) of the same Act," read the statement in part. 

According to the ODPP, Kisumu Senior Principal Magistrate Fatuma Rashid found the three guilty of all six counts as charged by the prosecution. 

The three family members were also sentenced to a further five years in prison each for conspiracy to commit a felony.

Okal, who worked as an accountant at Such Enterprises Limited, faced an additional 5-year sentence for stealing by servant, fraudulent false accounting and stealing. 

His mother and brother were also handed an additional three-year sentence for stealing.