Ex-PC Chelogoi loses bid to stop case against his employee in Sh1.5b land row

Lands Cabinet Secretary Alice Wahome at the disputed 7.9 hectares land in Loresho, Nairobi, on March 5th 2024. [File, Standard] The Lands Court in Nairobi has dismissed a case filed by former Provincial Commissioner David Chelogoi, challenging the hearing of the criminal case against his employee in a Sh1.5 billion land row with businessmen Ashok Shah and Hitenkumar Amritlal Raja. In his judgment, Justice Oscar Angote said that despite Chelogoi, Ashok and Amritlal having a case before the High Court, the law allows a criminal trial to continue concurrently before the magistrate's court. He was of the view that there no existing orders from the Court of Appeal or the Lands Court, suspending or staying any other action in relation to the Loresho property. "It is trite that Civil and Criminal matters can be prosecuted concurrently. Notwithstanding the pendency of the civil matters, and on the grounds enumerated above, it is the finding of the court that the Applicant has not shown an arguable case with a reasonable chance of success to grant him leave to commence judicial review proceedings under Order 53 of the Civil Procedure Rules," ruled Justice Angote. He found that although Chelogoi had claimed that his employee was also arrested, he did not produce him in court as a petitioner nor did he join him in the case. Chelogoi moved to court after the Director of Public Prosecution directed last year that anyone in the property should be arrested. "The implementation of the letter by the DPP crystallised on July 31, 2025 when the applicant's alleged employee was arrested on the land for forcible detainer and trespass. However, the said alleged employee has not challenged the decision of the DPP, neither has he been joined in these proceedings to explain the circumstances under which he was arrested," he said. Chelogoi in his case, accused the police and the DPP of illegally turning tables in favour of Raja and Shah. He argued that he owns the land in question and holds a clean title. Chelogoi told Justice Angote that investigations into the ownership of the land and the title he holds revealed that he was the legitimate owner. The further former PC claimed that the charges before the Chief Magistrate Court against him, Marin Komol, Andrew Aseri, and now his employee were meant to force him out of the property. He told court that sometime in 2022, he was summoned by the Spring Valley Police Station Officer Commanding Station (OCS) following a complaint that the former civil servant was illegally occupying the property. The former PC said that following investigations, on October 17, 2022, the Ministry of Lands responded, confirming that according to the land records had affirmed that the title he held was the genuine one. Chelogoi further told court that another complaint was lodged, this time at the Nairobi Regional Criminal Investigations Office. The former PC said the two titles were again sent to the Ministry, which allegedly confirmed that his title was genuine. He claimed that the seller of the property to Shah and Raja had initially been charged with forgery at the Kibera Magistrate Court. Nevertheless, Chelogoi said that the investigations file was sent to the DPP, recommending that the complainant be charged with forgery. The former PC said that the complaint then moved to the Directorate of Criminal Investigations headquarters. He claimed that the DCI then turned tables and failed to subject his title to a forensic investigation. "In the investigation the second respondent deliberately ignored to consider or take evidence of Mr Z Kanunu from the Director of Survey, who in 2009 had clearly confirmed that the Deed Plan No 176003 contained in the tile documents held by the Complainant was not genuine," he said. Separately, Shah argued that Justice Lucy Kimongoi had settled the dispute by declaring that he was the legitimate owner of the land. He said that the judgment by the court followed attempts by Juma to illegally grab the prime property from him. Shah told the court that Chelogoi came into the picture after he filed to be enjoined in the case against Juma, and he subsequently filed a separate case. He said that Chelogoi's case was subsequently frozen by the Court of Appeal. "I am advised by my advocates on record that as the bona fide and legal owner of the suit property, I am entitled to all the benefits that accrue to a property owner, including the right of quiet and peaceful enjoyment of the property. The Applicant has no legal right to possess or be in occupation of the suit property," replied Shah. He said that besides the judgment, the lands registrar had also allegedly confirmed that he holds the genuine title. In 2019, Justice Komingoi found the late Juma had grabbed and illegally occupied the prime piece of land in Loresho, which denied the real owners, Shah and Raja, the right to enjoy their property. "Juma unlawfully interfered and grabbed the property from 2008, when the prime land in Loresho, Nairobi, was valued at Sh252 million. I am satisfied that the complainants have suffered damages for trespass into their property and are entitled to compensation of Sh50 million," ruled Justice Komingoi. The judge ruled that there was sufficient evidence to prove that Juma acted in collusion with some officials at the Lands registry to illegally obtain the title and ordered his dependants and agents to immediately vacate the property and hand it back to Mr Shah and Mr Raja. Shah and Raja sued Juma in 2009 claiming that he had grabbed their land, fenced it with a perimeter wall and built security houses to deny them access. The two businessmen said they bought the land from Liney Company Limited, which were the original owners of the piece of land, having acquired it from the government in 1993. They stated that before they could take possession, Juma fraudulently procured a fake title to claim ownership and went ahead to block them from accessing the property by constructing the perimeter wall in 2008. Juma had, in response filed in July 2009, stated that the land was allocated to him in 1992 by the Commissioner of Lands, and issued with a deed plan which he used to acquire the title deed in 1994. After his death, his widow took over the case and testified in court in December 2019, where she stated that Juma legally acquired the land in 1992 by following the right procedures and was issued with a valid title deed. The Ministry of Lands, through state counsel Allan Kamau, however told the court the original land documents were stolen and suspected that Juma might have used the lost documents to fake ownership. Kamau told the court that the original records from the Commissioner of Lands and the Registrar of Titles showed that the land was given to Liney Company Limited, which later sold it to Shah and Raja.

Ex-PC Chelogoi loses bid to stop case against his employee in Sh1.5b land row

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