Ex-MP's co-accused re-arrested after being granted bail in Sh150 million land fraud case

The Director of Shaba Trustees Limited, Brian Kiptoo Kiplagat, who has been charged with the former Baringo Central MP Sammy Mwaita in a Sh150million land fraud case, was on Tuesday re-arrested after a Nairobi Court released him on bail.

Kiplagat is allegedly wanted in another ongoing forgery case where he jumped bail.

Kiplagat was re-arrested on Tuesday, August 5, 2025, while at the Milimani Law Courts, awaiting processing of his bail in a matter he is accused of engaging in prime parcel land fraud in Nairobi West.

Milimani Principal Magistrate Ben Mark Ekhubi released him on a cash bail of Sh1million or a bond of Sh5million.

Kiplagat's arrest follows a warrant issued by the court after he failed to appear in court in a different matter dated August 22, 2016, which is still ongoing.

According to the charge sheet, Kiplagat was charged with forgery of a document of the title to land contrary to section 350 (1) of the Penal Code.

The Directorate of Public Prosecution (DPP) state that Kiplagat, at that time, as one of the directors of Al-Hassan International Traders Limited, with intent to defraud, made a false document, namely a title land grant.

The prosecution says that on an unknown date at an unknown place within the country, being the director of Al-Hassan International Traders Limited, jointly with intent to defraud and without lawful excuse, made a certain false title to land grant purporting it to be a genuine and valid document issued by the Ministry of Lands.

After the re-arrest, the accused was arraigned before Milimani Chief Magistrate Lucas Onyina, where his legal team told the court that he might have forgotten the court case and any warrant of arrest issued against him.

Further, they told the court that this might have emerged as a result of memory loss, informing the court that even though they do not have medical documents to support their argument, they suspect it might have been an effect of an accident he was involved in.

They informed the court that the accused was involved in a road accident in 2019, which left him disabled.

Notably, they urged the court to lift the warrant of arrest and release him on previous bail, arguing that he is under constant medical rehabilitation and he has to attend physiotherapy.

"My client has pledged to attend court without failure, he has a fixed aboard and he is not a flight risk. I pray that the warrant of arrest be lifted and he be admitted back to the previous terms of bail," Kiplagat's legal team told the court.

However, the prosecution opposed his release on bail, stating that his lawyer had not given compelling reasons why the accused absconded from the earlier court proceedings, which led to the issuance of a warrant of arrest.

Additionally, the State said that the defense has not provided the court with medical documents to prove that he might have lost memory from the accident aftermath, stating that their argument on memory loss is not convincing enough.

Other Topics To Read

• National
• land fraud
• Forgery
• Koimburi land fraud case
• Sammy Mwaita
• Brian Kiptoo Kiplagat
• Ex-MP's co-accused re-arrested after being granted bail in Sh150 million land fraud case
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"If not for the earlier matter in the other court today, he could not have been arrested, meaning the matter which is still ongoing would be left pending, and I also understand the impact of the case on society," the prosecution said.

Chief Magistrate Lucas Onyina ordered the accused to be remanded in custody pending his trial.

"This court hereby orders that the accused person herein shall be remanded in custody, pending trial to secure his attendance during the trial," Magistrate Onyina directed.

The case will be mentioned on August 7, 2025, for further directions.