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End of the Road: Ex-Nairobi PC Sentenced to 3 Years Over Multi-Billion Shilling Land Grab
"I have considered the mitigation by the defence, and these are the directions of the court. For counts one and two, 2 years; counts three, four and five, 3 years; and for the sixth count 1 year, all custodial sentences that will run concurrently," the Magistrate ruled.
Former Nairobi Provincial Commissioner, PC Davis Nathan Chelogoi, has been sentenced to serve 3 years in prison by a Nairobi court without the option of a fine after he was found guilty of the offence of defrauding a land valued at 1.35 billion.
Milimani Chief Magistrate sentenced the former PC on the six counts he was charged with,
“I have considered the mitigation by the defence, and these are the directions of the court. For counts one and two, 2 years; counts three, four and five, 3 years; and for the sixth count 1 year, all custodial sentences that will run concurrently,” the Magistrate ruled.
The defence Lawyer had applied for a non-custodial sentence, referring to the age of the accused and his health condition,
“Your Honour, I would request this court to give a non-custodial sentence. My client is 76 years old and has underlying health complications, and sending him to prison to serve a custodial sentence can affect him negatively,” the lawyer submitted.
The prosecution, on their part, preferred a custodial sentence, citing that the victims in the matter are old people and they have spent a lot in the case as legal fees.
Furthermore, the prosecutor indicated that the victims’ safety must be considered; hence, a custodial sentence is appropriate,
“Your Honour, a custodial sentence is appropriate since the victims had been threatened when the matter had been proceeding,” the state prosecutor told the court.
Chelogoi was charged alongside a senior lands official, Andrew Aseli Kirungu, who was acquitted.
Chelogoi and Kirungu were charged in 2023 with conspiring to defraud businessmen Ashok Rupshi Shah and Hitenkumar Amritlal Raja of a parcel of land worth Ksh 1.35 billion. The said parcel, measuring 7.39 hectares, is situated along Lower Kabete Road.
In the fraud case, the prosecution told the court that on various dates between May 2020 and June 2021, Kirungu and Chelogoi, while at the State Department of Lands and Physical Planning in Nairobi, with intent to defraud, procured registration of the said land by falsely pretending that the land belonged to Davis Nathan Chelogoi.
Kirungu was further charged with an offence of abuse of office contrary to section 101 of the Penal Code.
