Judiciary Statement On Land Dispute Involving Cheptanui Rotich

The Judiciary has taken note of the story titled "The Justice System Has Failed Me" published on page 7 of the Daily Nation on 25th April 2025 which highlights the plight of Ms. Cheptanui Rotich—now aged 90—in reclaiming 44 acres of land in the Kapcherop area of Elgeyo Marakwet County.

The Judiciary empathises deeply with Ms. Rotich and acknowledges the significant challenges she has faced in enforcing court decisions affirming her legal rights and entitlement to the disputed property.

It is important to clarify that the courts have consistently upheld Ms. Rotich's rights, with all courts delivering favourable judgments in support of Ms. Rotich. The judgment of the Environment and Land Court at Iten (Case No. 8 of 2022), which is the latest decision in the matter, declared Ms. Rotich the owner of the land, and granted an order stopping other claimants from occupying or using the land.

We note the report that despite these clear judicial pronouncements, other parties have continued to occupy her land illegally.

The case has now moved to the enforcement phase which is outside the Judiciary's direct mandate. It is now the responsibility of relevant law enforcement agencies, including the Police, to ensure compliance with court orders by evicting or arresting any individuals unlawfully occupying the property in defiance of the court.

A litigant who faces difficulties in enforcing court orders has the right to return to court for further assistance.

Hon. Paul Ndemo
JUDICIARY SPOKESPERSON