Former Baringo Central Member of Parliament Sammy Mwaita has been charged with defrauding two developers of a parcel of land in an upmarket Nairobi City area valued at KES 150 million twenty-five-years (25) years ago.
Mr Mwaita who is charged alongside a businessman Brian Kiptoo Kiplagat, faces six counts of land fraud and abuse of office.
The former legislator, who is also a former Commissioner of Lands during the late President Daniel arap Moi’s administration, is accused of forging title documents of properties allocated to Ms Rose Njoki King’au and Micugu Wagatharia by the Lands Ministry way back in 2001.
The initial owner of the land in dispute is Mr Wilson Chebiegon Bowen, a former Kenya Defence Forces Officer (KDF), who in 1990s was appointed as the Director City Inspectorate.
“I was allocated the parcel of land by the defunct Nairobi City Council (NCC) now Nairobi County after serving for it many years as its director city inspectorate,” Mr Bowen told a senior resident magistrate Ms Irene Thamara trying Mr Mwaita and Mr Kiplagat.
Mr Kiplagat is the proprietor of Shaba Trustees Limited, said to have been allocated the disputed land by Mr Mwaita, when he served as the Commissioner of Lands (CoL).
Testifying from a wheelchair at the Milimani Law Courts due to a health challenge, Mr Bowen told the magistrate he was allocated the parcel of land by the city council in 1992 and asked to pay a stamp duty of KES 40,000 within 30 days.
“I was asked by the NCC to pay a stamp duty within 30 days failure to which the land would revert back to the local authority,” Mr Bowen recounted with difficulty due to memory loss.
The witness, who was wheeled to the courtroom by his son, told the magistrate he sold the property to a lady by the name Mama Macharia.
He said they entered into a sale agreement which he was shown by the prosecuting counsel Ms Carolyne Kimiri.
“Do you recall seeing Mr Mwaita during the transactions when you sold the land?” Ms Kimiri asked the witness who is over 70 years old.
In response Mzee Bowen said, “I do not know Mr Mwaita since I sold my property to Mama Macharia.”
The aging retired KDF officer said he signed the transfer documents to Ms Macharia adding, “I do not know Rose Njoki King’au and Micugu Wagatharia who claim to have been defrauded the property which I sold out.”
Cross-examined by defense lawyers Mr Bowen said he did not pay the stamp duty directly as it was to be paid by the buyer Mama Macharia.
In the case, Mr Mwaita and Mr Kiplagat are charged with conspiring together to defraud Ms King’au a parcel of land known as Plot No.A Nairobi West off Langata Road measuring approximately 0.12 hectares along Mai Mahiu Road within Nairobi City County valued at KES 150 million.
The two allegedly made grant title land reference number 209/9968 IR No.85847 with an intent to defraud Ms King’au.
On March 30, 2001, Mr Mwaita is said to have made a fraudulent registration of Grant Title Land Reference No/209/9968 for Plot No “A” Nairobi West without the consent of Ms King’au.
The charge further states Mr Mwaita abused the powers of his office by that registration.
Mr Mwaita also faces another charge of irregularly registering a parcel of land Plot No “B” belonging to Mr Micugu Wagatharia without his consent.
Further Mr Mwaita has been charged with unlawfully making a title certificate for plots numbers “A” and “B” then issued one title in the name Shaba Trustees Limited purporting it to be a genuine title issued by the Ministry of Lands.
In counts six and seven, Mr Mwaita and Mr Kiplagat are accused of giving false information to a police officer Sergeant Nicolaus Osuri Otieno claiming that the land in dispute had been allocated to Shaba Trustees Limited with an intention to causing the arrest and prosecution of Ms King’au and Mr Wagatharia.
The hearing of the case was pushed to September 7, 2026.
Both Mr Mwaita and Mr Kiplagat are out on bond.