Eldoret Court Orders Ex-MP Lagat’s Wife to Produce Medical Report After Missing Sh30m Land Dispute Hearing
“The witness is hereby directed to avail before my court, in person, a medical report from the hospital showing that indeed she was unwell on the material day she was expected to come and give her testimony in court,” Justice Yano ruled.
Former Eldoret East MP Joseph Lagat.
By James Gitaka
Drama unfolded at the Eldoret Environment and Land Court after a key witness in a Sh30 million land ownership dispute involving former Eldoret East MP Josepha Lagat and real estate developer Duncan Kitur failed to appear for a scheduled hearing, citing illness.
Sarah Lagat, the wife of the former lawmaker, was expected to testify in the long-running dispute but failed to attend court. Through her lawyer, Henry Kenei, she informed the court that she was indisposed and sought an adjournment.
However, Kitur’s lawyer, Michael Chemwok, challenged the explanation, telling the court that his client had allegedly spotted the witness walking along an Eldoret street just hours before the hearing.
“Your Lordship, my client informs me that he spotted the witness walking along an Eldoret street a few hours ago, yet we are now being told that she is unwell and unable to attend the hearing,” Chemwok told the court.
Following the submissions, presiding Judge Charles Yano directed Sarah Lagat to personally produce a medical report from the hospital to substantiate her claim that she was unwell on the day she was expected to testify.
“The witness is hereby directed to avail before my court, in person, a medical report from the hospital showing that indeed she was unwell on the material day she was expected to come and give her testimony in court,” Justice Yano ruled.
The judge said the medical documentation would help establish the circumstances surrounding her absence.
The matter was adjourned to December 8, 2026, for further hearing.
Sarah Lagat, an employee of the Geothermal Development Company, is a key witness in the dispute involving her husband and Kitur over ownership and possession of a prime parcel of land in Chepkanag area, along the busy Eldoret-Iten Highway.
The former lawmaker, who was appointed by President William Ruto in February 2026 as the non-executive chairperson of the Kenya Wildlife Service Board for a three-year term, is embroiled in a prolonged legal battle with the property developer.
Kitur moved to court accusing the former MP of frustrating his attempts to take possession of the disputed property, arguing that the parcel had remained underutilised because of the protracted legal contest.
The developer maintains that he is the rightful owner, claiming that he holds the title deed but has been unable to access or fully utilise the property.
He has also accused Lagat of cultivating the disputed land despite existing court orders restraining both parties from undertaking activities on the property pending the determination of the case.
The orders, issued on March 14, 2018, by then Environment and Land Court Judge Millicent Odeny, directed that the prevailing status quo be maintained.
The ruling stated in part: “In the meantime, the status quo to be maintained for the plaintiff/applicant to remain in possession and no felling of trees or construction of any kind before the hearing date.”
However, Lagat has disputed Kitur’s ownership claims, maintaining that the property rightfully belongs to him.
“I am the bona fide owner of the land, and there is no way Kitur can lay claim to it. He should stop spreading lies,” Lagat argued.
The ownership and possession dispute remains before the Environment and Land Court, with further proceedings scheduled for December 8, 2026.
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