By TONY MUSISI
There was drama at the Eldoret Environment and Land Court when former Member of Parliament Joseph Lagat repeatedly declined to answer questions during a heated cross-examination.
Lagat appeared irritated by the number of questions put to him by lawyer Charles Nyamweya during the cross-examination in a dispute over a Sh30 million prime parcel of land in Uasin Gishu County.
Lagat is embroiled in a legal battle with Eldoret real estate developer Duncan Kitur over ownership and possession of the property, located in Chepkanga along the busy Eldoret-Iten highway.
Kitur has sued the former lawmaker, accusing him of frustrating his efforts to take possession of the property, which he says has remained underutilised because of the prolonged legal dispute.
Kitur also accused Lagat of ploughing the disputed parcel despite a court order barring either party from undertaking activities on the land pending determination of the case.
The orders were issued by then Environment and Land Court Judge Millicent Odeny on March 14, 2018.
“In the meantime, the status quo to be maintained for the plaintiff/applicant to remain in possession and no felling of trees or construction of any kind before the hearing date,” the order stated in part.
During the proceedings, Presiding Judge Charles Yano intervened and asked Lagat to answer the questions directly, preferably with a “yes” or “no”, to save time and expedite the hearing.
“Mr Lagat, just answer yes or no when being asked by senior counsel’s questions to help us save on time,” the judge said.
While testifying, Lagat admitted that he was in possession of the property despite not obtaining approval from the Land Control Board in Moiben Sub-County.
He told the court that he entered into a sale agreement with Kitur and paid more than Sh4 million, disputing the developer’s claim that he still owed him more than Sh3 million.
“In fact, I have been paying Kitur in phases until I cleared all the amount owed to him before taking possession of the property located in Chepkanga area along the Eldoret-Iten highway,” Lagat said.
Lagat is represented by lawyer Henry Kenei.
Kitur, however, maintains that the former lawmaker has prevented him from accessing the property despite failing to clear a balance of more than Sh3 million.
According to Kitur, he still holds the title deed to the disputed property, which has been at the centre of a legal battle for more than five years.
Lagat completed his testimony and was stood down after being cross-examined over the disputed property.
The court has also summoned his wife, Sarah Lagat, to appear in person for cross-examination in connection with the land dispute.
The case will be heard further on November 3, 2026.
