Court frees Shaba Trustees Limited director after re-arrest
By Zipporah Ngwatu, August 7, 2025A Nairobi court has released the director of Shaba Trustees Limited, Brian Kiptoo Kiplagat, who was re-arrested after another court released him on Tuesday, August 5, 2025, on a bond of Ksh5 million and a cash bail of Ksh1 million.
Milimani Chief Magistrate Lucas Onyina freed Kiplagat on Thursday, August 7, 2025, after it emerged that the Directorate of Public Prosecution (DPP) withdrew charges against him on the August 2016 matter.
According to the court documents, the DPP wanted to charge Kiplagat and six others with forgery of a document of a land title contrary to section 350(1) of the Penal Code.
However, Kiplagat did not appear in court to be charged, and this led to the court issuing a warrant of arrest against him on October 13, 2016.
Later, on July 18, 2017, the prosecution made an application to amend the charge sheet.
The prosecutor then told the court that the State could not secure the attendance of the persons of interest in person, hence applying to withdraw charges against some of them.
The court then allowed the application to withdraw charges against the first and third persons in the matter, namely Brian Kiptoo Kiplagat and Francis Mwirigi Mbogori.
The case has partly proceeded against Saul Chemus Tuka and Michael Lobuine Nenee.
Appearing before Magistrate Onyina, the defence team faulted the prosecution for arresting Kiplagat when the charges that were lodged against him had already been withdrawn.
Ruling
In his ruling, Magistrate Onyina stated that the warrant of arrest issued by the court remains in force. Unless he has specifically been arrested, the prosecution is at liberty to liaise with the investigative officer to decide whether or not to join him in the matter again or file a separate case against him.
“The investigative officer has been faulted for arresting Kiplagat when the case against him was withdrawn. When a charge has been withdrawn for the reason that an accused person could not be availed before court when there is an existing warrant of arrest, such warrant remains in force unless specifically having been arrested. The prosecution is at liberty to liaise with the investigative officer to decide whether or not to join him in this matter again or file a separate case against him,” Magistrate Onyina ruled.
“What is clear, however, is that, as of now, Brian Kiptoo Kiplagat has no pending charge in this matter and is hereby released from custody in respect of this matter and this matter alone,” Magistrate Onyina ordered.
Kiplagat was re-arrested on Tuesday, August 5, 2025, after he appeared before Milimani Principal Magistrate Ben Mark Ekhubi for plea taking after he had failed to show up in court on Monday, August 4, 2025.
In the matter before Magistrate Ekhubi, Kiplagat is charged alongside the former Commissioner of Lands and former Baringo Central Member of Parliament, Sammy Mwaita, in different counts that include prime parcels in Nairobi West worth Ksh300 million.
The two pleaded not guilty to all the counts. The matter will be mentioned on September 9, 2025.