Former Nairobi Provincial Commissioner (PC) Davis Nathan Chelogoi has suffered a setback after a court found that he has a case to answer in a Sh1.35 billion land fraud case.
Milimani Senior Principal Magistrate Dolphina Alego ruled that Chelogoi and his co-accused, Assistant Deputy Director in the Lands Administration Office Andrew Aseri Kirungu, should defend themselves.
Court finds Chelogoi and Kirungu have case to answer
The matter came before Magistrate Alego, who ruled that the prosecution presented enough evidence against the two accused persons.
“Having analysed all the evidence tendered in this case, I find that the prosecution has established a case against each of the two accused persons to warrant this court placing them on their defence,” Alego ruled.
The magistrate directed the lawyers to file written submissions and indicate the nature of their defence.
Accused persons face Sh1.35 billion land fraud charges
The two face charges of allegedly conspiring to defraud a parcel of land located in Lower Kabete valued at Sh1.35 billion.
The prosecution alleges that Chelogoi and Kirungu conspired to transfer ownership of the 7.39-hectare property belonging to Ashok Rupshi and Hitenkumar Amritlal Raja.
Kirungu has denied the charges against him.
Prosecution outlines fraud allegations
According to the prosecution, Kirungu and Chelogoi committed the alleged offences between May 2020 and June 2021.
The prosecution claims that they used their positions at the State Department of Lands and Physical Planning in Nairobi to fraudulently register the property.
Investigators allege that the accused persons falsely presented the land as belonging to Chelogoi.
Kirungu faces abuse of office charge
Kirungu also faces a charge of abuse of office contrary to Section 101 of the Penal Code.
The prosecution alleges that between December 2020 and May 2021, Kirungu used his position as an Assistant Deputy Director in the Lands Administration Office to make a title certificate for personal gain.
The prosecution claims the action affected the alleged rightful owners of the property.
Kirungu remains in custody as the court prepares to rule on whether he should receive bail.
