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“I Was Unknowingly Used”: Lands Director Defends Role in Ksh 1.35B Fraud Case
"As the middle-level officer, the roles I played in processing the second title deed were done in good faith, and it depended on the senior officer's, and I did not know there was another title held by the complainant, nor did I benefit from anything," Kirungu said.
Director in the Ministry of Lands, Andrew Aseli Kirungu, has defended himself in the case he is charged with conspiring to defraud a land worth Ksh 1.35 billion in Lower Kabete.
Kirungu, a civil servant at the Lands Office for 27 years, told the Milimani Chief Magistrate, Dolphina Alego, that he had interacted with some of the documents used to claim the disputed parcel of land, and he had unknowingly been used to facilitate the said fraud.
He had a difficult time explaining his role in the transactions where he was directly involved in the said fraud, in which his co-accused, a former Nairobi Provincial Commissioner, obtained a fake certificate of title in an attempt to defraud Ashok Lupshi Shah of his property.
What was your role as a director in the lands office? My role was to ensure that only genuine certificates of title deeds are processed.
State prosecutor Hillary Isiaho produced a letter dated April 22, 2021, authored by Kirungu, addressing the director of surveyors in Nairobi, urging him to produce a new deed plan of the said parcel, claiming that it was missing. He admitted that, were it not for his effort, the fake title could not have been processed without the deed plan.
“It was not my role alone, but no one realised during the whole process that the parcel was already occupied and a title issued,” Kirungu said.
Don’t you think it was necessary to gazette in the Kenya Gazette about the lost deed plan of the said property before writing to the Director of Surveys for help? “I did not think so,” he responded.
He contradicted his initial statement that, during the whole process of securing the fake title in the name of the former PC Davis Nathan Chelogoi, they never met. In defence in chief, he had told the court that he had met the lessee (Chelogoi) while submitting the letter of allotment in his office.
Kirungu told the lessee to do a survey before informing the Chief Registrar to confirm the deed plan No 176003, and the title was issued.
Kirungu argued that he had no right to dispute the lease document issued by the Chief Registrar when it was permitted. He defended himself, saying that the whole process of securing the title deed was done by several departments, not him alone, but none discovered that the parcel LR 18485 had an original title.
He told the court that the role he played during the whole process was in good faith,
“As the middle-level officer, the roles I played in processing the second title deed were done in good faith, and it depended on the senior officer’s, and I did not know there was another title held by the complainant, nor did I benefit from anything,” he said.
When the prosecution informed the court that the opening card that was used to open the file of Chelogoi to secure the title of the parcel belongs to a parcel of land registered in Kitale, he said he was not aware.
Further, the prosecutor asked Kirungu whether he was aware of the ruling delivered by the Environment and Lands Court ELC 312/2009, where the court affirmed the ownership of the disputed parcel of land belonging to Ashok Shah, the complainant in this matter. He said not to be aware.
The prosecution closed its case against Kirungu.
and sought for two weeks to file their final submissions since Chelogoi, the first accused person, refused to participate in the proceedings.
Chelogoi, on his part, continued to resist and defend himself, rushing to the High Court to seek the stay of the proceedings, which was overtaken by events since the matter began; no order was produced.
His lawyers, led by Stanley Kinyanjui, submitted orally that they had secured orders to stay the proceedings before Justice Alexander Muteti, but no evidence was produced, and the Magistrate ordered the matter to proceed.
“My client cannot proceed to defend himself when the High Court has stayed the proceedings. ,” Kinyanjui told the Magistrate.
They walked out of the courtroom while Kirungu took the oath of defence.
The matter will be mentioned on May 12, 2026, for further directions.
