Court finds former Nairobi PC Chelogoi has case to answer in land fraud involving Lower Kabete parcel
The prosecution alleges that between May 2020 and June 2021, Kirungu and Chelogoi fraudulently registered the land in Chelogoi's name while working at the State Department of Lands.
A Nairobi court has found former Nairobi Provincial Commissioner (PC) Davis Nathan Chelogoi to have a case to answer in the Sh1.35 billion land fraud case.
Milimani Principal Magistrate Dolphina Alego ruled that Chelogoi, who is jointly charged alongside former Assistant Deputy Director in the Lands Administration Office, Andrew Aseri Kirungu, have a case to answer.
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"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 place them on their defence," the magistrate 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.
The prosecution alleges that Kirungu and Chelogoi conspired to defraud Ashok Rupshi and Hitenkumar Amritlal Raja of a 7.39-hectare parcel of land located along Lower 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.
The prosecution claims that between December 2020 and May 2021, Kirungu, while serving as an Assistant Deputy Director at the Lands Department, abused his office by fraudulently issuing a land title for personal gain, harming the rightful owners.
The two have since denied the charges and are out on cash bail.
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