How Lands Ministry issued two titles for Sh1.35 billion Spring Valley property

Details have now emerged that the Ministry of Lands issued two title deeds for the same 7.39-hectare Spring Valley property at the centre of a Sh1.35 billion fraud trial against former Nairobi Provincial Commissioner Davis Nathan Chelogoi.

The details came to light on Thursday before Milimani Senior Principal Magistrate Dolphina Alego, who was told that one title was issued in Chelogoi’s name while the other was granted to city tycoon businessmen Ashok Shah and Hitenkumar Raja.

In his defence hearing, Chelogoi, who has been found with a case to answer to forgery charges, shocked the court when he produced a report revealing that he is listed as the registered owner of the disputed land.

Led in his sworn defence by lawyer Brian Asa,  Chelogoi insisted he is the rightful owner and has all the genuine documents issued by the state.

“As far as I am concerned, this land is mine. It was issued to me by the Government. I have all the title documents to prove ownership. How the same land was issued with another title deed in the names of the two businessmen am not aware,” the former PC informed the magistrate.

While defending himself against charges of forging title documents for the upmarket property, Chelogoi explained that he lawfully acquired the property in 1995, paying a stand premium of Sh2,482,834, and that all communications from the Ministry of Lands “confirmed that he was the registered owner of the property in dispute.”

The police report tendered in court dated June 15, 2023, signed by Amos Omuga on behalf of the Director of Criminal Investigations, confirmed that two title deeds were issued by the Ministry of Lands for the contested land.

According to Chelogoi, the report, which identified him as the registered owner, was forwarded to the Director of Public Prosecutions (DPP), but no action was taken on its recommendation to prosecute Ashok and Raja over the acquisition.

However, High Court decisions produced in court by the prosecution, led by Hilary Isiaho, vest the land on Ashok Shah and Hiten Raja.

Ashok and Raja told the court they bought the land from Liney Company Limited in 2007, after which it was transferred, and a valid title was issued by the Ministry of Lands.

The court heard that Ashok and the late businessman Jacob Juma had previously battled over the ownership of the 7.39 hectares, with the High Court eventually declaring Ashok and Raja as the bona fide owners.

Despite the conflicting claims, Chelogoi stood firm that his ownership has never been invalidated.

“My title has never been cancelled.”

Chelogoi, however, maintained that his title remains valid having been issued earlier in 1995.

“My title to the suit property has never been cancelled by any court of law,” he told the magistrate.

When asked by his lawyer what remedy he sought, Asa posed: “What is your request to this court given that all the communication to you from the Ministry of Lands recognize you as the bona fide owner of the land in dispute?”

“I urge this court to find that I did not forge the title deed to this property. I was allocated the property by the government which in turn issued me with a title deed that has never been cancelled," Chelogoi replied.

Chelogoi is jointly charged with Andrew Aseri Kirungu, an Assistant Deputy Director in the Lands Administration Office. 

Both have denied forging documents related to the land.

In July 2025, Magistrate Alego ruled that the prosecution had established a case against them.

“Having analysed all the evidence tendered in this case, I find that the prosecution has established a case against each of the two accused persons to warrant this court place them on their defence,” Alego ruled.

Chelogoi and Kirungu have since denied land fraud charges filed against them by the DPP.
The two are accused of conspiring to defraud a parcel of land located in Lower Kabete valued at Sh1.35 billion.

According to the prosecution, Kirungu and Chelogoi allegedly conspired to defraud Ashok Rupshi and Hitenkumar Amritlal Raja of the land measuring 7.39 hectares along Lower Kabete Road.

Kirungu faces additional charges of fraudulently obtaining a land registration number.

The prosecution further alleges that between May 2020 and June 2021, while working at the State Department of Lands and Physical Planning in Nairobi, the accused falsely registered the land in Chelogoi's name with intent to defraud.

Kirungu is also charged with abuse of office contrary to Section 101 of the Penal Code. Between December 2020 and May 2021, he allegedly used his position to fraudulently issue a certificate of title, in a move deemed prejudicial to the legal owners of the land.

The defence hearing continues.