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Fresh arrest warrant issued for ex-Nairobi PC in Sh1.35bn land fraud allegations

Magistrate Dolphina Alego noted that he failed to avail himself for plea taking on Thursday

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by PURITY WANGUI

News16 February 2024 - 11:24
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In Summary


  • Nathan is allegedly accused of conspiring to defraud an Indian National 7.39 hectares parcel of land located at Lower Kabete worth Sh1.35 billion.
  • The case will be mentioned on April 9, 2024.
Arrest

A Nairobi court has issued a fresh warrant of arrest against former Provincial Commissioner (PC) Davis Nathan Chelogoi.

Nathan is allegedly accused of conspiring to defraud an Indian National 7.39 hectares parcel of land located at Lower Kabete worth Sh1.35 billion.

While issuing the warrant, Milimani Magistrate Dolphina Alego noted that Chelogoi had earlier obtained anticipatory bail from the High Court under instructions that he should avail himself to the Court for plea taking only for him not to appear.

According to the Magistrate, the counsel for the accused person was in court on Wednesday and agreed to bring their client to Court the following day (Thursday), however, they did not comply with their promise.

The Magistrate further said that a warrant of arrest had been issued earlier in 2023. 

"The accused was even given cash bail by the Superior Court in a bid to present himself to court for plea taking yet he has not adhered to the same, Court orders are not made in vain. The superior court which binds the magistrates' court had equally pronounced itself and given the accused person cash bail to cushion his arrest and thus present himself before the court, however he never took the directions seriously. Given the prosecution's submissions, this court issues a warrant of arrest Against Chelogoi," the Magistrate ruled.

In the case, Chelogoi alongside the deputy land registrar Andrew Aseri Kirungu faces charges of allegedly conspiring to defraud Ashok Rupshi and Hitenkumar Amritlal Raja of their parcel of land valued at Sh1,350,000,000.

Davis Nathan Chelogoi separately faces a charge of forcible detainer of the said land where the prosecution alleges that he unlawfully detained the land on unknown dates between December 9, 2020, and December 12, 2023.

He also faces a charge of allegedly forging a letter of allotment ref. no.75707/ VII dated January 31, 1995, purporting it to be a genuine and valid letter issued by the commissioner of lands.

He is also said to have allegedly forged a signature and stamp impression of a land registrar officer namely Pauline Achieng Pesa on or before January 16, 2023.

The prosecution has so far informed the Court that they intend to parade a total of 21 witnesses in the case.

The case will be mentioned on April 9, 2024.


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