Drama unfolded at the Eldoret Environment and Lands Court after a key witness in a Ksh 30 million prime land dispute failed to appear for hearing, citing illness, prompting the presiding judge to order her to personally produce a medical report.
Sarah Lagat, wife of former MP Joseph Lagat, was expected to testify in the contentious ownership dispute but communicated her inability to attend court through her lawyer, Henry Kenei, who sought an adjournment on grounds that she was indisposed.
However, the request was strongly opposed by lawyer Michael Chemwok, representing real estate developer Duncan Kitur, who questioned the credibility of the explanation.
Chemwok told the court that the witness had allegedly been spotted walking along a street in Eldoret just hours before the scheduled hearing, casting doubt on her reported illness.
The allegations prompted Presiding Judge Charles Yano to intervene, directing Sarah Lagat to appear before the court in person and produce a medical report substantiating her claim that she was unwell.
Justice Yano further ordered Lagat, an employee of the Geothermal Development Company, to ensure the medical documentation was presented before the court without fail.
The matter was subsequently adjourned, with the court setting December 8, 2026, as the date for further hearing.
The dispute involves ownership and possession of a prime parcel of land valued at approximately Ksh 30 million in the Chepkanga area, along the busy Eldoret-Iten highway.
Kitur has accused the former legislator of frustrating his attempts to take possession of the property, arguing that despite holding a title deed, he has been unable to access and utilise the land.
The developer maintains that the prolonged dispute has left the parcel underutilised, denying him the benefits of his investment.
He has also accused Lagat of continuing to plough the disputed property despite existing court orders restraining both parties from undertaking any activities on the land pending determination of the case.
The orders were issued on March 14, 2018, by then Environment and Lands Court Judge Millicent Odeny.
However, Lagat has strongly contested Kitur's claims, insisting that the disputed property rightfully belongs to him.
The court is expected to resume hearing the matter on December 8 as the two parties continue their legal battle over ownership and possession of the valuable parcel.
