Why the Government Wants Former MP Sammy Mwaita Jailed
The Office of the Director of Public Prosecutions (ODPP) has revealed that former Baringo Central Member of Parliament, Sammy Mwaita, is facing serious charges of land fraud.
The charges relate to a scheme he allegedly orchestrated to illegally acquire land worth Ksh150 million located along Mai Mahiu Road in Nairobi West.
In an official statement released on Monday, August 4, the ODPP confirmed that Mwaita had been arraigned at the Milimani Law Courts and formally charged with fraudulently creating two fake title deeds.
These forged documents were reportedly used to illegally take over two parcels of prime land, a crime that dates back 24 years.
The prosecution noted that Sammy Mwaita, who previously served as a commissioner in the Ministry of Lands, exploited his public position to register the two properties under different ownership without informing or seeking the consent of the real landowners. He allegedly used the fake title deeds to transfer ownership in secret.
Further investigations revealed that in the year 2020, Mwaita provided false information to the Directorate of Criminal Investigations (DCI), claiming that the disputed pieces of land belonged to a different organization.
According to the ODPP, this move was part of a plan to mislead investigators and push for criminal charges to be filed against the rightful landowners, thereby covering up the fraud.
The court has brought several charges against the former MP, including conspiracy to commit a felony, fabrication of documents without legal authority, abuse of office, and providing false information to government officials. These are all criminal offenses under Kenyan law.
“The prosecution presented evidence showing that Mwaita and his co-accused, Brian Kiptoo Kiplangat, had conspired—sometime before or on March 30, 2001—to illegally produce title documents for Grant Title land without any lawful mandate,” the ODPP stated.
They added, “Mwaita, while holding public office, fraudulently registered both Plot ‘A’ and another nearby property referred to as Plot ‘B’ without informing or involving the genuine owners in any way.”
Following their court appearance, Mwaita and his alleged accomplice were released on bond. The court set the bond at Ksh10 million, or alternatively, they could pay a cash bail of Ksh2 million. They were also required to present two sureties each. Both denied the charges during the plea-taking session.
However, Kiplangat, Mwaita’s co-accused, failed to show up in court to take a plea. As a result, Senior Principal Magistrate Ben Mark Ekhubi issued a formal summons requiring Kiplangat to appear in court on Tuesday.
Prior to their court appearance, detectives from the Directorate of Criminal Investigations had arrested the former MP and his accomplice on Sunday, August 3. The DCI disclosed that Mwaita had been a person of interest in connection with this land fraud case for quite some time.
The ODPP had gathered enough evidence against the former legislator and officially requested the DCI to arrest him. This led to his apprehension in Kilimani.
In a statement, the DCI confirmed, “Our officers have today arrested Hon. Sammy Silas Komen Mwaita in Kilimani. He is facing charges of conspiracy to commit a felony, creating a document without proper authority, abuse of office, and giving false information to a public officer.”
The case has drawn significant attention due to Mwaita’s former position in government and the high value of the disputed land. The prosecution is now pushing for a conviction to hold him accountable for what they describe as a serious abuse of public trust and authority.
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