Former Commissioner of Lands Sammy Silas Komen Mwaita was charged on Monday with multiple counts related to a land fraud scheme involving two prime parcels in Nairobi West worth Sh300 million.

Mwaita, also ex-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.

He is accused of conspiring with Brian Kiptoo Kiplagat 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.

The prosecution informed the court that 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. 

The court heard that each plot is valued at Sh150 million.

“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,” the charge sheet reads in part.

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:

 “…intending thereby to cause Service No. 80936 Sergeant Nicolaus Osuri 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.”

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 duo had earlier failed to take a 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. 

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 a bond of Sh10 million or a cash bail of Sh2 million, with two contact persons.

The magistrate also issued a summons against co-accused Kiptoo to appear in court today after he failed to turn up for plea taking.

Further, Ekhubi deferred his ruling on an application by Mwita to reject the charges on the grounds that they are defective until this morning.