Ex-MP's co-accused in Sh150 million land fraud scheme charged, released on Sh1 million cash bail

A director of Shaba Trustees Limited has been charged with three counts related to a land fraud scheme involving two prime parcels in Nairobi West worth Sh150 million.

Brian Kiptoo Kiplagat is a co-accused of former Baringo Central MP and Commissioner of Lands Sammy Mwaita, who already denied the charges on Monday.

Kiplagat appeared before Milimani Principal Magistrate Ben Mark Ekhubi and denied the charge of giving false information to police, namely Sergeant Nicolaus Osuri Otieno, on March 18, 2020, at the DCI Headquarters at Mazingira Complex, Kiambu Road.

According to the prosecution, he intended to cause Sergeant Otieno to use his lawful investigative powers to cause an investigation with a view of recommending to the Director of Public Prosecutions the arrest, charging, and prosecution of Rose Njoki King'au and Micugu Wagatharia, which he ought not to have done if the true state of facts had been known to him.

Through his lawyer, Kiplagat pleaded with the court to grant him lenient bond terms, saying he has been cooperating with investigators since the investigation started.

However, the magistrate ordered him to be released on a bond of Sh500,000 or cash bail of Sh1 million.

Kiplagat is jointly charged alongside Mwaita, who on Monday pleaded not guilty to the multiple counts related to a land fraud scheme involving two prime parcels in Nairobi West worth Sh300 million.

The former MP was released on a bond of Sh10 million or cash bail of Sh2 million with two contact persons pending the hearing and determination of the case. The magistrate directed the case to be mentioned on September 9 for further orders.

Kiplagat and Mwaita are accused of conspiring to fraudulently make a grant title, Land Reference No. 209/9968 IR. No. 85847 without lawful authority, with the intent to defraud two Nairobi businesspersons, Rose Njoki King'au and Micugu Wagatharia.

According to the charge sheet, the alleged conspiracy took place on or before March 30, 2001, within Nairobi City County, and targeted two plots each measuring approximately 0.12 hectares and located off Lang'ata Road along Mai Mahiu Road.

Each plot is valued at Sh150 million.

In one of the charges, the prosecution claims that: "On or before March 30, 2001, at the Ministry of Lands and Physical Planning within Nairobi County, being the Commissioner of Lands, [Mwaita] caused to be made fraudulent registration of grant title deed Land Reference Number 209/9968 for a parcel of land known as Plot No. 'A', Nairobi West, off Lang'ata Road, without the consent of the rightful owner, Rose Njoki King'au, in abuse of the authority of his office."

Mwaita also faces charges of making a false Certificate of Title for both plots "without lawful authority or excuse" in the name of Shaba Trustees Limited, purporting it to be a legitimate document issued by the Ministry of Lands.

Another charge accuses Mwaita of providing false information to police.

On March 17, 2020, he allegedly misled a DCI officer that the disputed parcels belonged to Shaba Trustees Limited, information he knew to be false:

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• Ex-MP's co-accused in Sh150 million land fraud scheme charged
• released on Sh1 million cash bail

The duo had earlier failed to take plea on June 1, 2025, after informing the court that they had obtained orders from the High Court temporarily halting their prosecution.

However, the DPP challenged the suspension orders, and the same were set aside, prompting the immediate arrest and prosecution.

The Director of Public Prosecutions did not oppose bail but requested the court to impose stringent terms considering the value of the land involved and the gravity of the offences.