Shaba Trustees Director re-arrested after court frees him
The Director of Shaba Trustees Limited, Brian Kiptoo Kiplagat, has been re-arrested after a Nairobi court earlier today released him on a bond of Ksh5 million and a cash bail of Ksh1 million.
Kiplagat was re-arrested on Tuesday, August 5, 2025, while at the Milimani Law Courts, awaiting processing of his bail in a matter in which he is accused of engaging in prime parcel land fraud in Nairobi West.
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The court had issued a warrant of arrest after the accused failed to appear in court in a different matter dated August 22, 2016, which is still ongoing.
According to the charge sheet, Kiplagat was charged with forgery of the document of the title to land contrary to section 350 (1) of the Penal Code.
The Directorate of Public Prosecution (DPP) states that Kiplagat, at that time, as one of the directors of Al-Hassan International Traders Limited, with intent to defraud, made a false document, namely a land title grant.
“On an unknown date and at an unknown place within the Republic of Kenya, being the directors of Al-Hassan International Traders Limited, jointly with intent to defraud and without lawful excuse, made a certain false document, namely a title to land grant No. I.R 71610, purporting it to be a genuine and valid grant issued by the Ministry of Lands,” part of the charge sheet read.
After the re-arrest, the accused was arraigned before Milimani Chief Magistrate Lucas Onyina, where his legal team told the court that Kiplagat might have forgotten the court case and the warrant of arrest issued against him.
Further, they told the court that this might have emerged as a result of memory loss, informing the court that even though they do not have medical documents to support their argument, they suspect it might have been an effect from an accident he was involved in.
They informed the court that the accused was involved in a road accident in 2019, which left him disabled, and is one of those who belong to the association of the disabled.
Notably, they urged the court to lift the warrant of arrest and release him on previous bail, arguing that he is under constant medical rehabilitation and he has to attend physiotherapy.
“My client has pledged to attend court without failure; he has a fixed abode, and he is not a flight risk. I pray that the warrant of arrest be lifted and he be admitted back to the previous terms of bail,” Kiplagat’s legal team told the court.
However, the prosecution vehemently opposed his release on bail, stating that his lawyer has not given a compelling reason why the accused absconded from the earlier court proceedings that led to the issuance of the warrant of arrest.
Additionally, the State said that the defence has not provided the court with medical documents to prove that he might have lost memory from the accident aftermath, stating that their argument on memory loss is not convincing enough.
“If not for the earlier matter in the other court today, he could not have been arrested, meaning the matter which is still ongoing would be left pending, and I also understand the impact of the case on society,” the prosecutor told the court.
“I pray that the court does not lift the arrest warrant to ensure the accused attends court,” the state added.
Milimani Chief Magistrate Lucas Onyina ordered the accused to be remanded in custody pending his trial.
“This court hereby orders that the accused person herein shall be remanded in custody, pending trial, so as to secure his attendance,” Magistrate Onyina ordered.
The matter will be mentioned on August 7, 2025, for further directions.
On Monday, August 4, 2025, in the matter that he was released on bail in the morning, Milimani Principal Magistrate Benmark Ekhubi summoned Kiplagat to appear before him today on Tuesday, August 5, 2025, for plea taking after he failed to show up yesterday.
In the matter before Magistrate Ekhubi, Kiplagat is charged alongside the former Commissioner of Lands and former Baringo Central Member of Parliament, Sammy Mwita 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.
