By Andrew Kariuki
The Environment and Land Court in Nairobi has dismissed an application by former Nairobi Provincial Commissioner David Nathan Chelogoi seeking to block criminal proceedings arising from a dispute over a parcel of land in Loresho, Lower Kabete.
In a ruling delivered on March 5, 2026, the court declined to grant Chelogoi leave to commence judicial review proceedings against the Director of Public Prosecutions (DPP) and the Directorate of Criminal Investigations (DCI).
Chelogoi had moved to court through a Chamber Summons dated August 1, 2025, seeking permission to challenge a directive issued by the DPP directing investigators to arrest and prosecute persons alleged to be occupying the disputed property.
The directive, contained in a letter dated July 24, 2025, instructed investigators to take action against individuals occupying Land Reference Numbers L.R. No. 18485 IR 232908 and L.R. No. 18485 IR 64011 located in Lower Kabete, Nairobi.
According to the directive, those occupying the land were to face charges of forcible detainer contrary to Section 91 of the Penal Code and trespass with intent to commit an offence contrary to Section 51 of the Trespass Act.
Chelogoi argued that the criminal process was being improperly used to settle a land ownership dispute that is already the subject of ongoing civil proceedings.
He told the court that the dispute over the ownership and occupation of the Loresho property is currently before the Environment and Land Court as well as the Court of Appeal.
Court records further indicated that officers from the Directorate of Criminal Investigations conducted an operation on the property on July 31, 2025, during which several individuals said to be workers at the property were arrested following the directive issued by the prosecution.
The respondents opposed Chelogoi’s application, arguing that he had not established sufficient grounds for the court to grant leave to institute judicial review proceedings.
In its determination, the court held that the existence of civil proceedings over land ownership does not prevent the State from conducting criminal investigations or prosecuting offences such as trespass or forcible detainer where they arise.
The court further found that Chelogoi had not demonstrated an arguable case with a reasonable probability of success to justify granting leave for judicial review.
Consequently, the court dismissed the application with costs, effectively allowing the criminal proceedings directed by the prosecution to proceed.
The dispute over the Loresho property also involves Ashok Rupshi Shah and Hitenkumar Amritlal Raja, who are listed in the case as interested parties in the ongoing litigation over the ownership and occupation of the land.
