A businessman accused of Sh300 million land fraud alongside former Commissioner of Lands Sammy Mwaita was on Tuesday charged. 

Brian Kiptoo Kiplagat is said to have fraudulently making a grant title with the intent to defraud Rose Njoki King’au and Micugu Wagatharia.

He is also accused of giving a police officer false information in relation to the ownership of the properties in Lang’ata.

Kiplagat’s lawyers informed the court that there was a civil case on the two properties, and that the businessman had already obtained orders to evict Njoki.

Kiplagat denied the charges and was released on a Sh1 million cash bail or a Sh5 million bond.

Mwaita, also a former Baringo Central MP, appeared before Milimani Chief Magistrate BenMark Ekhubi where he denied six charges, including conspiracy to commit a felony, abuse of office, making a document without authority, and giving false information to a police officer.

The prosecution informed the court that the alleged conspiracy took place on or before March 30, 2001. Each of the two pieces of land off Lang’ata Road along Mai Mahiu Road is valued at Sh150 million.

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

On March 17, 2020, he allegedly misled a DCI officer that the disputed parcels belonged to Shaba Trustees.

His co-accused, Kiplagat, who was not present in court, faces a similar count of giving false information to police on March 18, 2020, at the DCI Headquarters at Mazingira Complex, Kiambu Road.

The two failed to take a plea on June 1 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. 

After denying the charges,  Mwaita, through his lawyer, urged the court to grant him reasonable bond terms, saying he was not a flight risk and had cooperated with investigators throughout the probe.

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 facing the accused persons

In his brief ruling, Magistrate Ekhubi released Mwaita on Monday on a bond of Sh 10 million or a cash bail of Sh 2 million, with two contact persons.

 The case will be mentioned next month on September 6.