By TONY MUSISI
The much-awaited hearing of a case involving an Anglican Church of Kenya (ACK) pastor and a retired civil servant over ownership of a Sh10 million parcel of land failed to take off at the Eldoret Law Courts.
The case was adjourned after the prosecution informed Presiding Magistrate Constantine Ogari that lawyer Patrick Kibii, who represents the retired civil servant, was indisposed and could not attend court.
The lawyer had sought another hearing date, citing health grounds.
Pastor John Bor of ACK Nandi County has accused Sophie Jepkemei Kaitany of taking possession of his property, identified as Cheptiret Block 3 (Serwet), measuring 0.1 acres and located in Kesses Sub-County, Uasin Gishu County.
Bor claims the property, which has a permanent house valued at Sh10 million, was taken over by Kaitany and converted into a matrimonial home.
Kaitany, who claims ownership of the property, is an aunt to Keiyo North UDA MP Adams Kipsanai.
In his ruling, Ogari adjourned the case to November 26, 2026, for hearing.
“I am giving the last adjournment in this matter. It will now proceed to hearing on November 26,” Ogari ruled.
The pastor and Kaitany have been embroiled in the legal dispute over ownership of the property for more than eight years.
The court had previously directed the parties to explore an out-of-court settlement. Earlier this year, an Eldoret court advised them to resolve the dispute through mediation.
However, the mediation process failed after Kaitany declined to vacate the property, maintaining that she was its rightful owner.
The parties were given four mediation sessions but failed to reach an agreement.
Kaitany was among three people arrested by detectives from the Directorate of Criminal Investigations (DCI) after they were implicated in the alleged fraudulent acquisition of the property.
She was charged alongside Mark Kibet Kibii, a teacher from Nakuru County, and Samson Chumba.
The three pleaded not guilty before Principal Magistrate Kimani Mukabi, who initially handled the case.
They were released on cash bail of Sh200,000 each, with one surety of a similar amount.
The fraud case followed investigations triggered by a complaint lodged by Bor after he allegedly discovered that his property had been sold to the teacher, who later sold it to the retired civil servant using allegedly forged documents.
According to court documents, the three are accused of committing the offence between November 2018 and July 2019 at an unknown place within Kenya, jointly with others who were not before the court.
The charge sheet alleges that the accused conspired to defraud Bor by preparing a land sale agreement for the 0.1-acre property, which has a permanent house valued at Sh10 million.
They were also accused of making a land agreement purporting it to be a genuine and valid document prepared and acknowledged by lawyer Elkana Chepsaigut, who died in 2015—three years before the alleged offence.
A forensic examination of the document subsequently established that it was allegedly forged.
Bor later pardoned his co-accused after they pleaded with him for forgiveness and promised not to repeat the alleged offence.
The civil dispute over ownership of the property, however, remains unresolved and is scheduled for hearing on November 26, 2026.
