The Director of Shaba Trustees Limited, Brian Kiptoo Kiplagat, was on Tuesday arraigned at the Milimani Law Courts over a Sh300 million land fraud scandal involving two prime parcels in Nairobi West.
Kiplagat appeared before Principal Magistrate Ben Mark Ekhubi and faced three criminal charges, including giving false information to a police officer. He is accused of misleading Sergeant Nicolaus Osuri Otieno on March 18, 2020, at the Directorate of Criminal Investigations (DCI) Headquarters at Mazingira Complex, Kiambu Road.
According to the prosecution, Kiplagat falsely claimed that Rose Njoki King’au and Micugu Wagatharia were involved in criminal activities, intending to influence the officer to initiate investigations and recommend their arrest and prosecution allegations the prosecution says would not have been pursued had the true facts been known.
His lawyer pleaded for lenient bond terms, citing his cooperation with investigators since the inception of the case. The magistrate granted him a cash bail of Sh1 million or an alternative bond of Sh5 million.
Kiplagat is jointly charged with former Commissioner of Lands and ex-Baringo Central MP, Sammy Silas Komen Mwaita, who was arraigned on Monday. Mwaita pleaded not guilty to several counts related to the same land fraud scheme. He was released on a Sh10 million bond or a cash bail of Sh2 million, with two contact persons required.
The charges stem from an alleged conspiracy to fraudulently generate a land title for Land Reference No. 209/9968 (IR No. 85847) without proper authorization. The land, comprising two adjacent plots each measuring approximately 0.12 hectares, is situated off Lang’ata Road along Mai Mahiu Road and is collectively valued at Sh300 million.
The prosecution alleges that the fraudulent activities occurred on or before March 30, 2001, within Nairobi City County. One of the charges claims that, as Commissioner of Lands, Mwaita unlawfully facilitated the registration of a title deed for Plot ‘A’, Nairobi West, without the consent of the rightful owner, Rose Njoki King’au thereby abusing the powers of his office.
Mwaita is further accused of fabricating a Certificate of Title for both parcels in the name of Shaba Trustees Limited, purporting it to be an official document issued by the Ministry of Lands and Physical Planning. He also allegedly gave false information to the DCI on March 17, 2020, claiming the parcels belonged to Shaba Trustees Limited claims the prosecution says he knew to be untrue.
Both Kiplagat and Mwaita had previously failed to take a plea on June 1, 2025, after informing the court that they had secured temporary High Court orders halting their prosecution.
However, those orders were later overturned following a successful challenge by the Office of the Director of Public Prosecutions (ODPP), prompting their arrest and arraignment.
While the prosecution did not oppose bail, it urged the court to impose strict terms due to the high value of the land and the serious nature of the charges.
The magistrate scheduled a mention of the case for September 9 for further directions
