The Judiciary has responded to a report published by a local daily on April 25, 2025, concerning a land dispute involving 90-year-old Ms. Cheptanui Rotich in Kapcherop, Elgeyo Marakwet County.
The article, titled “The Justice System Has Failed Me,” highlighted Ms. Rotich’s struggle to reclaim 44 acres of land despite favourable court rulings.
In a press statement issued on the same day, the Judiciary Spokesperson, Paul Ndemo, expressed sympathy for Ms. Rotich and acknowledged the challenges she has faced.
"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,” the statement read.
The Judiciary clarified that courts have consistently ruled in favour of Ms. Rotich.
The most recent ruling was from the Environment and Land Court in Iten (Case No. 8 of 2022), which declared her the rightful owner of the land.
The court also issued an order stopping other claimants from occupying or using the property.
Despite these rulings, the Judiciary noted that Ms. Rotich’s land is still being occupied illegally.
The institution emphasised that the matter is now in the enforcement phase, which lies outside its jurisdiction.
“It is now the responsibility of relevant law enforcement agencies, including the police, to ensure compliance with court orders,” said Judiciary Spokesperson Hon. Paul Ndemo.
He added that if a litigant experiences challenges in enforcing court decisions, they are entitled to return to court for further assistance.
