A former Nairobi Provincial Commissioner (PC) Davis Nathan Chelogoi has suffered a blow after the court found him with case to answer.
When the matter came before Milimani Magistrate Dolfina Alego,She ruled that Ahas ruled that Chelogoi who is charged in a Sh1.35bn,has a case to answer.
Alego ruled that Chelogoi who is jointly charged alongside Assistant Deputy Director in the Lands Administration Office Andrew Aseri Kirungu,have a case to answer.
“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,” Milimani Law Courts Senior Principal Ms Dolphina Alego ruled.
She directed the lawyers to file written submissions besides deciding the nature of their defence.
The two face charges of allegedly conspiring to defraud a parcel of land located at Lower Kabete valued at Sh1.35 billion.
Kirungu has since denied the charges leveled against him.
The prosecution alleges that Kirungu and Chelogoi conspired to defraud Ashok Rupshi and Hitenkumar Amritlal Raja of the said land measuring 7.39 Hectares situated along Lowe Kabete Road.
Kirungu was further charged with fraudulently obtaining a Land registration number.
The prosecution alleged that on diverse 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 the land belonged to Davis Nathan Chelogoi.
He was further charged with abuse of office contrary to section 101 of the Penal Code.
According to the Prosecution, Kirungu on diverse dates between December 2020 and May 2021 at the State Department of Lands and Physical Planning in Nairobi, a person employed in the Public service as an Assistant Deputy Director in the Lands Administration Officer, for the purpose of gain, fraudulently made certificate of Title in abuse of the authority of his office which was prejudicial to the alleged legal owners of the said land.
Kirungu was however remanded in custody until December 28, 2023, when the court will give a ruling on whether to be released on bail
