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Post Reply: Former Baringo Central MP and Shaba Trustees Director Re-Arrested in Ksh300 Million Nairobi Land Fraud Case

<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on August 6, 2025, 9:00 am</div><div id="pl-7403"  class="panel-layout" ><div id="pg-7403-0"  class="panel-grid panel-no-style" ><div id="pgc-7403-0-0"  class="panel-grid-cell"  data-weight="1" ><div id="panel-7403-0-0-0" class="so-panel widget widget_sow-editor panel-first-child panel-last-child" data-index="0" data-style="{&quot;background_image_attachment&quot;:false,&quot;background_display&quot;:&quot;tile&quot;,&quot;background_image_size&quot;:&quot;full&quot;,&quot;background_image_opacity&quot;:&quot;100&quot;,&quot;border_thickness&quot;:&quot;1px&quot;}" ><div
			
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	<p dir="ltr" data-pm-slice="0 0 []">Former Baringo Central Member of Parliament and ex-Commissioner of Lands, Sammy Silas Komen Mwaita, alongside Brian Kiptoo Kiplagat, director of Shaba Trustees Limited, face serious charges in a high-profile land fraud case involving two prime parcels in Nairobi West valued at Ksh300 million. The case, which has drawn significant attention due to the prominence of the accused and the substantial value of the properties, centers on allegations of fraudulent land title fabrication, abuse of office, and providing false information to authorities.</p>
<p dir="ltr">On Sunday, August 3, 2025, Mwaita was arrested by the Directorate of Criminal Investigations (DCI) in Kilimani, Nairobi, following directives from the Office of the Director of Public Prosecutions (ODPP). The ODPP had gathered sufficient evidence to justify his apprehension, marking a significant escalation in a case that traces back to alleged offenses committed in 2001. Mwaita appeared before Milimani Senior Principal Magistrate Ben Mark Ekhubi on Monday, August 4, 2025, where he faced six charges, including conspiracy to commit a felony, abuse of office, making a document without authority, and giving false information to a public officer. He pleaded not guilty to all counts.</p>
<p dir="ltr">The charges stem from an alleged conspiracy with Kiplagat to fraudulently create a grant title, Land Reference No. 209/9968 IR No. 85847, with the intent to defraud two Nairobi businesspersons, Rose Njoki King’au and Micugu Wagatharia. The prosecution alleges that on or before March 30, 2001, Mwaita, while serving as Commissioner of Lands, facilitated the fraudulent registration of two plots, each measuring approximately 0.12 hectares and located along Mai Mahiu Road off Lang’ata Road in Nairobi West. These plots, referred to as Plot A and Plot B, are valued at Ksh150 million each, totaling Ksh300 million. Mwaita is accused of registering these plots in the name of Shaba Trustees Limited without the consent of their rightful owners, constituting an abuse of his authority.</p>
<p dir="ltr">Additionally, Mwaita faces charges of making a false Certificate of Title for both plots, purporting it to be a legitimate document issued by the Ministry of Lands. On March 17, 2020, he allegedly misled Sergeant Nicolaus Osuri Otieno, a DCI officer at the Mazingira Complex along Kiambu Road, by claiming the disputed parcels belonged to Shaba Trustees Limited, information he knew to be false. This false information was intended to prompt investigations and potential prosecution of King’au and Wagatharia, the rightful owners.</p>
<p dir="ltr">Kiplagat, charged alongside Mwaita, faced three counts, including conspiracy to commit a felony and giving false information to a public officer. On March 18, 2020, Kiplagat is alleged to have provided similar false information to Sergeant Otieno at the DCI Headquarters. Kiplagat failed to appear for plea-taking on Monday, prompting Magistrate Ekhubi to issue a summons for his appearance on Tuesday, August 5, 2025. However, after being granted bail on Tuesday, Kiplagat was re-arrested later that day, though specific reasons for his re-arrest were not immediately disclosed. He was released on a Ksh1 million cash bail or a Ksh5 million bond, while Mwaita was freed on a Ksh10 million bond or a Ksh2 million cash bail, both with two contact persons.</p>
<p dir="ltr">The case has been fraught with legal complexities. Mwaita and Kiplagat initially obtained High Court orders temporarily halting their prosecution, but these were challenged and set aside by the ODPP, leading to their immediate arrest and arraignment. Mwaita’s defense team argued that he is not a flight risk and has cooperated fully with investigators. They also contended that the charges are defective, citing prior High Court and Court of Appeal rulings that declared Shaba Trustees Limited the legal owner of the disputed properties. The defense emphasized Mwaita’s status as a retired civil servant in his 60s, arguing that prosecuting him for actions taken in his official capacity decades ago is unjust, especially given the superior courts’ rulings.</p>
<p dir="ltr">Magistrate Ekhubi deferred a ruling on Mwaita’s application to dismiss the charges until August 5, 2025, and scheduled the case for mention on September 9, 2025. The prosecution, while not opposing bail, requested stringent terms due to the significant value of the land and the gravity of the offenses.</p>
<p dir="ltr">Sammy Mwaita, a long-serving civil servant, held the position of Commissioner of Lands from 2000 to 2003 during the Moi administration. He later served as Baringo Central MP from 2007 to 2017, unseating Gideon Moi in 2007. His tenure as Commissioner of Lands has been marred by controversy, with the Ethics and Anti-Corruption Commission (EACC) pursuing multiple cases against him since 2009 for alleged irregular land allocations. Notably, in 2022, the EACC recovered a Ksh430 million parcel of public land in Mombasa linked to Mwaita, and in 2023, he was fined Ksh35 million for facilitating the illegal acquisition of a Nyali property. In January 2024, the EACC recovered another illegally allocated parcel in Kakamega Municipality, leased by Mwaita to Audrey Nakholo in 2001.</p>
<p dir="ltr">Mwaita has consistently maintained his innocence, filing a petition in 2023 against the EACC and the Attorney General, alleging that the agency’s pursuit of civil cases against him for lawful land grants made during his tenure has damaged his reputation and rendered him nearly destitute due to legal fees. He argues that his actions as Commissioner of Lands were within his mandate and that third parties who benefited from these grants acquired good titles.</p>
<p dir="ltr">The case has sparked public interest due to the high-profile nature of the accused and the substantial value of the properties involved. The re-arrest of Kiplagat after his bail underscores the authorities’ determination to pursue the case vigorously. The DCI continues to investigate additional suspects linked to the fraudulent scheme, indicating that the probe may widen.</p>
<p dir="ltr">The outcome of this case could have significant implications for land governance in Kenya, particularly regarding historical land allocations and the accountability of public officials. As the legal battle unfolds, it will likely shed light on the complexities of land ownership disputes and the challenges of addressing alleged fraud committed decades ago.</p>
<p dir="ltr">The case is set for further mention on September 9, 2025, as the court continues to navigate the intricate legal and historical dimensions of this high-stakes land fraud allegations.</p>
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