A Nairobi court has sentenced former Provincial Commissioner Nathan Davis Chelogoi to three years in prison after convicting him of unlawfully taking possession of a valuable property belonging to businessman Ashok Shah in Lower Kabete.
Chief Magistrate Dolphina Alego handed down the sentence on Monday, November 2, 2026, ruling that the prosecution had proved its case beyond reasonable doubt. The 76-year-old former administrator had been found guilty in connection with a long-running dispute over a 7.39-hectare parcel of land valued at approximately Sh1.35 billion.
Chelogoi’s lawyer, Assah Kiprono, had pleaded for a non-custodial sentence, citing his client’s advanced age and deteriorating health.
He told the court that Chelogoi had not unlawfully occupied the land and maintained that the government allocated the property to him during the administration of former President Daniel arap Moi. The defence also noted that a separate civil dispute over the same land remained pending before the Environment and Land Court.
Magistrate Alego rejected the plea for leniency. She found that the evidence presented by the state established the charges, including elements of forgery and unlawful possession.
The court ordered concurrent sentences across the counts, resulting in an effective three-year prison term. Chelogoi was also informed of his right to appeal within 14 days.
The case centres on land that businessmen Ashok Rupshi Shah and Hitenkumar Amritlal Raja claim they purchased legitimately in 2007. Higher courts, including the Environment and Land Court and the Court of Appeal, had previously affirmed their ownership. Prosecutors argued that Chelogoi later sought to claim the property through forged documents, including a purported 1995 letter of allotment.
During the trial, the defence insisted the allocation was genuine and that delays in formalising title stemmed from Chelogoi’s public service duties.
The magistrate, however, accepted the prosecution’s evidence that the documents supporting Chelogoi’s claim were not authentic.
The conviction marks a significant development in a dispute that has stretched across years and multiple court forums. After sentencing, Kiprono applied for typed proceedings to prepare an appeal, signalling that the legal battle is far from over.
Chelogoi, once a senior provincial administrator in Nairobi, now faces the prospect of serving time while his legal team challenges the ruling.
The court directed that the land register cancel any parallel titles linked to the disputed parcel, reinforcing the complainants’ ownership.
Land ownership conflicts of this scale remain common in Kenya, particularly in prime Nairobi locations. This outcome underscores the courts’ willingness to impose custodial sentences even on elderly former officials when the evidence of fraud is deemed sufficient. Whether the conviction stands on appeal will determine the final chapter of this high-stakes property fight.
