The court convicted Davis Chelugui over the disputed Lower Kabete property.
The court found the former Nairobi provincial commissioner guilty of unlawfully taking possession of businessman Ashok Shah’s 7.3-acre property.
A court has convicted former Nairobi Provincial Commissioner Davis Chelugui over unlawfully taking possession of land belonging to businessman Ashok Shah. The 7.3-acre parcel in Lower Kabete, Nairobi, has an estimated value of Sh1.7 billion.
Trial Magistrate Dolphina Alego ruled that Chelugui held a forged certificate of title. She found that the prosecution had proved its case beyond reasonable doubt.
Davis Chelugui title documents found fraudulent
Alego said evidence from 19 prosecution witnesses showed that the documents supporting Chelugui’s claim to the property were fraudulent. The judgment therefore rejected the basis of his ownership claim.
The magistrate also noted that Chelugui had filed cases against Shah before the Environment and Land Court. Those cases ended in dismissals in favour of the businessman.
The conviction concerns the same high-value Lower Kabete property that has prompted legal proceedings between Chelugui and Shah.
Court acquits former Lands official
However, the court acquitted the second accused, Andrew Antony Kirugo, a former deputy director in the Ministry of Lands. Alego ruled that the prosecution had failed to prove the conspiracy charge against him.
Meanwhile, Chelugui’s lawyer, Harrison Kinyanjui, argued that a superior court had issued an order staying the lower court proceedings. He maintained that the lower court had disregarded that order.
Kinyanjui also attempted to address the court and request typed proceedings. However, he could not do so after the magistrate left the courtroom.
Mitigation set for November 2
Following the judgment, the court directed that Chelugui remain in custody at Industrial Area Prison pending his next appearance.
He is expected to present mitigation on November 2 before sentencing. The court will consider those submissions before deciding his punishment.
