By TONY MUSISI
A Sh30 million land dispute involving former Eldoret East MP Joseph Lagat and real estate developer Duncan Kitur took an unexpected turn at the Eldoret Environment and Land Court after a key witness failed to appear for a scheduled hearing, citing illness.
Sarah Lagat, the wife of the former lawmaker, was expected to testify in the long-running ownership dispute but failed to turn up in court.
Through her lawyer, Henry Kenei, she informed the court that she was indisposed and sought an adjournment to allow her to recover before giving her testimony.
However, the request was immediately challenged by Kitur’s lawyer, Michael Chemwok, who questioned the explanation given for the witness’s absence.
Chemwok told the court that his client had allegedly spotted Mrs Lagat walking along a street in Eldoret only a few hours before the hearing, raising doubts about the claim that she was too unwell to attend court.
“Your Lordship, my client informs me that he has just spotted the witness walking along the Eldoret street a few hours ago and yet we are being told that she is unwell and therefore unable to come for the hearing,” Chemwok submitted.
The conflicting accounts prompted the presiding judge, Justice Charles Yano, to intervene and order Mrs Lagat to personally present a medical report to establish that she was genuinely unwell on the day she was expected to testify.
In his directions, Justice Yano required the witness, who works for the Geothermal Development Company (GDC), to obtain documentation from a hospital confirming her alleged illness.
“The witness is hereby directed to avail before my court an in-person medical report from the hospital showing that indeed she was unwell on the material day she was expected to come and give her testimony in court,” ruled Justice Yano.
The order came after the court was presented with competing accounts over the circumstances surrounding her absence, with the judge seeking documentary evidence to establish the reason for her failure to attend the hearing.
The matter was subsequently adjourned to December 8, 2026, when the court is expected to resume hearing the dispute.
The case concerns ownership and possession of a prime parcel of land valued at approximately Sh30 million in the Chepkanag area along the busy Eldoret-Iten highway.
The property has been the subject of a prolonged legal battle between Lagat and Kitur, with the latter accusing the former lawmaker of frustrating his attempts to take possession of the land despite holding a title deed.
Kitur has argued that he is the legitimate owner of the property and maintains that he has been unable to enjoy its use because of the continuing dispute.
The real estate developer has further complained that the parcel has remained underutilised as the legal contest drags on, denying him the opportunity to develop or commercially exploit the prime property.
He has also accused Lagat of continuing to cultivate the disputed land despite existing court orders restraining either party from undertaking activities that could alter its condition before the case is determined.
The orders were issued on March 14, 2018, by the then Environment and Land Court Judge Millicent Odeny as the court sought to preserve the property pending the hearing and determination of the dispute.
The directions required the existing status quo to be maintained, with the plaintiff/applicant remaining in possession and no trees being felled or construction activities undertaken before the hearing.
Part of the order read: “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.”
Kitur has accused the former MP of disregarding the orders by allegedly ploughing the disputed parcel, an action he says undermines the court’s authority and interferes with the preservation of the property while ownership remains contested.
He maintains that the title deed in his possession supports his claim and has questioned the basis upon which Lagat continues to assert ownership of the land.
However, the former lawmaker has strongly rejected the developer’s claims, insisting that he is the rightful owner of the property.
“I am the bona fide owner of the land and there is no way Kitur can lay claim to it and he should stop spreading lies,” Lagat argued.
The dispute has therefore centred on competing claims of ownership, possession and the interpretation of the court orders issued to preserve the property as the parties await a final determination.
Lagat, who previously represented Eldoret East Constituency in Parliament, was in February appointed by President William Ruto as the non-executive chairperson of the Kenya Wildlife Service (KWS) Board for a three-year term under the Wildlife Conservation and Management Act, 2013.
His appointment placed him at the helm of the board overseeing the country’s wildlife conservation agency, even as the property dispute with Kitur continues before the courts.
The latest developments now place Mrs Lagat’s expected testimony at the centre of the next court session, with Justice Yano requiring her to provide medical documentation to substantiate the explanation for her absence.
The court is expected to resume hearing the matter on December 8, when the parties will have another opportunity to present their evidence as the battle over the valuable property continues.
