Former presidential advisor on political affairs, Davis Nathan Chelogoi, has denied fraud allegations in a protracted land dispute, telling a Nairobi court that his documents were lawfully issued and that attempts to evict him are part of a wider plot to strip him of his property.
Chelogoi, aged 72, described the charges as a “bombshell” that has shattered his social and community life. He said he has appeared in court for two years, determined to prove his innocence against what he views as a calculated effort to force him into surrendering the land.
At the heart of the case is a 7.89-hectare parcel in Nairobi. According to the charge sheet, Chelogoi is accused of conspiring with others to defraud the complainant of the land. But he insists he lawfully acquired the property on January 31, 1995, when he was serving as a District Commissioner. He told the court he paid Sh2.48 million in premium to the Ministry of Lands and was shown the property by the Commissioner of Lands before taking immediate possession.
While he occupied the land, Chelogoi said he only began formalizing ownership much later. On December 9, 2020, he commenced the process of obtaining a title, and in March 2021, he received an allotment letter and a certificate of lease. These documents, he said, were validated by senior ministry officials, including registrar Charles K. Ngetich, who confirmed in court that the signatures were authentic.
For nearly three years, no one challenged his claim to the land. But on July 28, 2022, while he was away from Nairobi, his workers called to inform him that strangers had entered the property accompanied by the complainant and police officers. His lawyer later discovered that the group was relying on a judgment to support their presence on the land.
The complainant went on to file several applications at the Environment and Land Court seeking to evict him, the latest dated September 13, 2023. Each time, however, the courts declined to grant the orders. In total, at least five applications have been rejected, leaving Chelogoi in possession of the land to date.
“No eviction order has ever been issued against me,” Chelogoi said. “The Ministry of Lands authorized my payments, issued my documents, and confirmed their validity.”
The former administrator also pushed back against allegations of forgery. On one count, he is accused of falsifying the signature of Pauline Pesa, a senior lands officer. He denied the claim, pointing out that the documents had been signed and registered by registrar Charles Ngetich, who has since testified to their authenticity. He further argued that the prosecution had not presented any signature templates or expert evidence to support the forgery claims.
He also dismissed charges of uttering a false certificate of title when he surrendered his documents to investigators, saying the allotment letter, lease, and title deed were all issued by the Ministry of Lands. On another count of unlawfully procuring a title, he insisted he only followed official procedures.
The defence has so far been bolstered by testimony from several ministry officials. Among them is Peter Njoki Mutua, who confirmed that he verified Chelogoi’s payment receipt. The Principal Secretary for Lands also validated the receipt in November 2023 after CID officers questioned its authenticity.
For Chelogoi, the case has been nothing short of devastating. Once a respected public servant who rose to advise the president on political matters, he now finds himself battling charges that he insists are designed to dispossess him.
“I served this country with integrity,” he told the court. “At my age, I should not be dragged into endless battles over land that I acquired almost three decades ago.”
His co-accused has also denied wrongdoing. Through his lawyer, Simon Mburu, the second accused maintained that the charges were baseless and rooted in malice, telling the court that the prosecution had failed to produce credible evidence linking his client to any fraudulent dealings.
The hearing continues tomorrow, with Chelogoi expected to maintain his stand that the land documents in his possession are genuine and lawfully issued
