Former Nairobi Provincial Commissioner (PC) Davis Nathan Chelogoi denied forging documents in a Sh1.3 billion land fraud case.
He told Chief magistrate Dolphina Alego that he lawfully acquired the contested property in Lower Kabete and that all processes leading to his ownership were conducted transparently.
Chelogoi said he was first allocated the land in 1995 while serving as a District Commissioner but was unable to complete the process then due to financial constraints.
He told the court his salary at the time was Sh24,000, rising to about Sh40,000 with allowances, and sometimes his net income dropped to Sh16,000.
“Because of that it was difficult to complete the process immediately I had to wait to be able to pay the premium,” said Chelogoi.
He testified that the land was unattractive at the time because of its steep depression, poor access, and forest cover.
He added that the property bordered the University of Nairobi, where the surrounding area was primarily agricultural.
He said no one laid claim to it between 1995 and 2020 and that he was never served with any eviction orders.
Chelogoi said he resumed the process on December 9, 2020, by presenting his allotment letter to Deputy Director of Land Administration, Peter Munzuki Mutwiwa, for validation.
He told the court that two months later the letter was confirmed valid.
On March 31, 2021, he accepted the allocation and made payments on April 21, 2021.
“After two months, I found that the letter had been validated, showing the land was uncommitted. On March 31, 2021, I accepted the allocation,” he said.
He produced a government receipt, which he said was confirmed genuine by Principal Secretary for Lands, Nixon Korir.
Chelogoi said a lease was issued to him on May 26, 2021, followed by a certificate of title on June 4, 2021, for LR No. 18485 under IR No. 232908.
Lands Registrar C.K. Ngetich signed the documents.
He denied conspiring with land officials to forge documents, saying no evidence had been presented to show he bribed officers or falsified signatures.
“The signatures on the allotment letter and title are from the same person. Registrar Ngetich confirmed he signed them, and there is no letter disowning his signature,” he said.
He added that although the complainant had taken him before several magistrates’ courts, the High Court, and the Environment and Land Court, no orders had ever been issued to evict him from the property.
Prosecutors allege that he unlawfully attempted to claim ownership of the land by presenting forged documents.
He has denied all charges.
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