Former Nairobi provincial commissioner Nathan Davis Chelogoi at the Milimani Law Courts, Nairobi on November 2 /LEAH MUKANGAI
By LEAH MUKANGAI
Former Provincial Commissioner David Chelogoi has been sentenced to three years in prison in connection with a Sh1.35 billion land fraud case involving a disputed property in Lower Kabete.
Milimani Chief Magistrate Dolphina Alego handed down the sentence after hearing submissions from both the prosecution and the defence.
During the sentencing proceedings, the prosecution urged the court to consider the security concerns raised in the case, arguing that the age of the complainants should not influence the sentence since their grievances had existed for years.
The prosecution also asked the court to consider compensation that would restore the complainants to the position they were in before the alleged fraud affected their businesses.
In response, defence counsel argued that the complainants were already in occupation of the disputed property and that Chelogoi did not hold their title deeds.
The defence further noted that the issue of compensation was already before the Environment and Land Court, adding that no evidence had been presented to demonstrate the alleged threats against the complainants.
The defence also asked the court to consider Chelogoi's conduct throughout the proceedings, saying he had consistently cooperated with the court and urging leniency on account of his health condition.
In her ruling, Magistrate Dolphina Alego acknowledged the defence submissions before sentencing Chelogoi to three years in prison.
Chelogoi was charged with conspiring with a man identified as Kirungu to defraud businessmen Ashok Rupshi and Hitenkumar Amritlal Raja of a 7.39-hectare parcel of land along Lower Kabete Road, valued at Sh1.35 billion.
The former provincial administrator maintained that he was legally allocated the property in 1995 and insisted that he had evidence to support his ownership claim.
The court's decision marks a major development in the long-running dispute over the multibillion-shilling property. The Star