Slain businessman Jacob Juma allegedly encroached a KES 1.3 billion upmarket parcel of land belonging to real estate developer Ashok Shah 17 years ago, the court heard this week.
At the same time, Shah told Milimani Senior Principal Magistrate Carolyne Mugo that a former Nairobi Provincial Commissioner Davis Nathan Chelogoi also attempted to secure allocation of the 1.7 hectare land illegally.
Chelogoi and a director of lands adjudication Andrew Aseli Kirungu have been charged with forging title to the property.
Both Chelogoi and Kirungu have been put on their defence for allegedly attempting to grab land.
Shah told a Nairobi Court on July 15, 2026, that the 2007-2008 post-election violence that left over 1,000 people dead and over 600,000 others displaced, hindered him from developing a KES 1.35 billion upmarket property.
Following the eruption of the election chaos, Mr Ashok Rupshi Shah, a real estate developer, told a magistrate that a former provincial commissioner Davis Nathan Chelogoi and the late Jacob Juma encroached into his property claiming ownership, thereby sparking several litigations both at the High Court and lower courts.
And to his chagrin, Mr Shah said he discovered the Ministry of Lands had also issued a title deed to Mr Chelogoi who has been stopped by the Court of Appeal from entering the property.
“I challenged the Ministry to come clean on the two titles - the one I held and the one with Mr Chelogoi purported to present,” Mr Shah stated when he testified in court.
He said they were summoned by the Ministry to attend a meeting to explain how each got his title.
“I attended the meeting but Mr Chelogoi did not turn up. I explained to three registrars who were appointed to investigate the titles on July 27, 2023,” Mr Shah recalled.
He said the three registrars ruled in his favour and “declared him the legal owner of the land.”
He added that the registrars said that “Chelogoi could not be registered on a parcel of land already issued to another person legally.”
The developer said the ownership of the high end property has elicited litigation which is still pending at the Court of Appeal and Chief Magistrate's Court.
Mr Shah, who was testifying in a case against Mr Martin Kipngania Komol, an employee of Chelogoi, said some of the cases have been determined and one is still pending at the Court of Appeal.
Komol is charged with forcible detainer of a parcel of land reference number 18484 IR No64011 registered in the names of Ashok Rupshi Shah and Hitenkumar Amritlal Raja.
The prosecution says Komol illegally held possession of the disputed land between February 2024 and July 31, 2025, contrary to Section 91 of the Penal Code.
Komol faces a second count of trespassing into the said property of Shah and Raja within the same period.
Mr Shah explained to the magistrate that he and Raja bought the property from Laini Company Limited 19 years ago (January 23, 2007).
The parcel of land which is at the upmarket Loresho in Lower Kabete, Nairobi was transferred to them and title deed issued by the Lands Ministry in their names.
“When we bought the land we intended to develop it as soon as practicable but the election violence slowed us down although we had appointed a development manager,” Mr Shah told the trial magistrate.
He said the late Jacob Juma and Mr Chelogoi moved into the property all claiming ownership thereby sparking a ray of litigation which culminated in the Environment Lands Court declaring him (Shah) the legal owner.
The real estate developer said besides the reports on encroachment he raised with the lands office, he also reported to the Directorate of Criminal Investigations (DCI) for a probe to establish the real owner.
DCI have since arrested Chelogoi and a senior lands officer Andrew Aseli Kirungu.
Chelogoi and Kirungu have been charged and they have been put on their defense for the offences of forging title to the suit property to vest it to the former Nairobi provincial commissioner (Chelogoi).
Mr Shah told the magistrate he has since sub-divided the 1.7 hectare parcel of land into 29 plots each with a separate title.
Cross-examined by lawyer Simon Mburu for Komol, Mr Shah said by the time the accused was arrested and charged, he had subdivided the land.
“Do you know the accused herein?” Mburu asked Shah.
“No,” he responded adding “he never prevented me from accessing my property nor did he hinder me from developing it.”
Mr Shah said he appealed against a ruling declaring Chelogoi as a bonafide owner of the property.
The developer said he is the bonafide and genuine owner of the property.
Both Chelogoi and Kirungu have been found with a case to answer and they have been put on their defence by chief magistrate Dolphina Alego.
The hearing was adjourned to October 29, 2026.