West Pokot Elder Battles to Keep Gold-Rich Land as Long-Running Court Dispute Deepens
Among those allegedly claiming interests in the disputed property, according to the advocate, is Mr. Loitanyang’s former wife. The advocate told journalists that the couple separated more than 20 years ago and that the woman later married Mr. Loitanyang’s brother.
Pilat Kemerinyang Loitanyang addresses members of the media outside the West Pokot Law Courts following proceedings related to a long-standing land dispute.
By James Gitaka
A long-running land dispute involving a West Pokot elder and a six-acre parcel believed to contain gold deposits has taken a fresh turn, with court records revealing multiple legal battles over ownership of the contested property as rival parties continue to stake claims before the courts.
The dispute, which has been in litigation since 2021, is currently linked to ELC Case No. 05 of 2021 and Land Case No. E036 of 2023 (ELC E036/2023). Proceedings have been ongoing before courts in West Pokot as competing parties seek declarations over ownership and occupation rights.
At the centre of the dispute is Pilat Kemerinyang Loitanyang, a resident of Kopro Location in Wakor Sub-location, Sigor Division, who maintains that he and his family have occupied and utilized the land for decades.
However, court documents filed in 2023 show that Chebet Margaret Chekes, acting as the legal representative of the estate of the late Lomerikat Pkurket Lomer, filed a suit against Mr. Kemerinyang before the Senior Principal Magistrate’s Court in Kapenguria.
In the plaint, Chebet claims that the late Lomerikat Pkurket Lomer was the registered proprietor of Title Number Kapro/Wakor/387 and alleges that Mr. Kemerinyang unlawfully entered and interfered with the parcel in 2022.
The plaintiff sought a permanent injunction restraining Mr. Kemerinyang, his agents or servants from entering, occupying or interfering with the land pending determination of the dispute.
Court records indicate that Chebet obtained a Limited Grant of Letters of Administration Ad Litem in Kapenguria Ad Litem Cause No. E029 of 2023, authorizing her to institute legal proceedings on behalf of the estate specifically concerning Title Number Kapro/Wakor/387.
Documents filed by the plaintiff include a title deed, an official search certificate, a limited grant issued by the court, and a demand letter dated January 25, 2023, alleging unlawful interference with the property.
Defence Challenges Ownership Claims
Representing Mr. Kemerinyang, Advocate Michael Chemwok has challenged the claims, arguing that his client has occupied the land for many years and has repeatedly been forced to defend himself against what he describes as overlapping and conflicting ownership claims.
According to Chemwok, maps and adjudication records initially showed that the disputed parcel was situated outside his client’s land before subsequent developments allegedly altered the boundaries and ownership records.
“This old man is now being described as a trespasser on land he has occupied for decades,” Chemwok told journalists after the court session.
The advocate further questioned the adjudication process and urged the court to closely examine the history of land registration and survey records relating to the disputed parcel.
Gold Discovery Raises Stakes
The dispute has attracted heightened attention due to reports of gold deposits within the contested area.
Chemwok alleged that the discovery of gold significantly escalated tensions, with groups of miners allegedly moving onto the land while ownership remains unresolved.
According to the advocate, more than 150 individuals have allegedly entered the area to conduct mining activities, resulting in extensive excavation and environmental degradation.
The claims have not yet been determined by the court, and the parties asserting ownership rights over the land maintain competing positions regarding the parcel.
Allegations of Growing Hostility
Chemwok also alleged that his client has faced increasing hostility from individuals claiming interests in the land.
Among those allegedly involved in the dispute, according to the advocate, is Mr. Kemerinyang’s former wife. Chemwok stated that the couple separated more than two decades ago and that she later married Mr. Kemerinyang’s brother.
The lawyer claimed that several individuals known to his client have become increasingly aggressive as the dispute continues.
“The mistreatment of this old man is what concerns us. There appears to be growing aggression against him despite the matter remaining before the courts,” Chemwok said.
Mr. Kemerinyang maintains that he has lived, farmed and raised his family on the land for many years and insists that he is not a trespasser.
Human Rights Advocate Raises Alarm
Speaking after the proceedings, human rights advocate Kemutai Kirui warned that unresolved adjudication disputes could trigger wider conflicts in West Pokot if not addressed urgently.
Kirui called on the Ministry of Lands, adjudication officers and survey departments to review complaints surrounding land registration processes in the county.
“West Pokot risks shifting from conflicts associated with cattle rustling and banditry to land-related disputes if these issues are not addressed. Land ownership is highly emotive, and allegations of overlapping titles and competing ownership claims require urgent intervention,” he said.
Broader Concerns Over Land and Mining
The dispute comes amid growing scrutiny of land ownership and mining activities in West Pokot, where gold discoveries have attracted increasing interest from artisanal miners and investors.
Government agencies have in recent years raised concerns over illegal mining, environmental degradation, safety risks and disputes linked to ownership of mineral-rich land. Authorities have also undertaken enforcement operations targeting unregulated mining activities across parts of the county.
Observers say the outcome of the ongoing litigation could have significant implications not only for the parties involved but also for future land and mining disputes emerging in the region.
Awaiting Court Determination
Despite the competing claims, ownership of the disputed parcel remains a matter for judicial determination.
The court is expected to continue hearing evidence from all parties before making a final ruling on the ownership and occupation rights relating to the contested land.
For Mr. Kemerinyang, the outcome could determine not only his continued occupation of the six-acre parcel but also control of land that has become increasingly valuable following reports of gold deposits.
Until then, the dispute remains one of the most closely watched land cases in West Pokot, highlighting the complex intersection of land rights, inheritance claims, mineral wealth and community relations in Kenya’s emerging mining frontier.
Key Court Cases at a Glance
| Case | Court | Subject |
|---|---|---|
| ELC No. 05 of 2021 | Environment and Land Court | Ownership dispute involving the contested parcel |
| ELC E036 of 2023 | Kapenguria Court | Related land ownership proceedings |
| Ad Litem Cause No. E029 of 2023 | Kapenguria Magistrate’s Court | Limited grant issued to Chebet Margaret Chekes to represent the estate of the late Lomerikat Pkurket Lomer |
| Title Number Kapro/Wakor/387 | Subject Property | Parcel at the centre of competing ownership claims |
Editor’s Note: The allegations contained in court pleadings and statements by advocates remain contested. Ownership of the disputed land has not yet been conclusively determined by the court.
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