Eldoret Court Summons Principal Registrar in Sh30 Million Land Dispute
Justice Robert Wananda has ordered the senior government official to appear in court without fail on July 21 to clarify discrepancies in two conflicting death certificates presented in the case
Justice Wananda Anuro of the Eldoret High Court
An Eldoret court has summoned the Principal Registrar of Persons from Nairobi in a legal battle between two families over a 30-acre prime piece of land, valued at Sh30 million, in Uasin Gishu County.
Justice Robert Wananda has ordered the senior government official to appear in court without fail on July 21 to clarify discrepancies in two conflicting death certificates presented in the case. The dispute revolves around identifying the original owner of the contested land.
“The Principal Registrar of Persons is hereby summoned to appear in court on July 21 to provide clarity on the details contained in the two conflicting death certificates of the alleged original owners of the disputed land,” ruled Justice Wananda.
The case has taken a strange turn after the feuding parties presented two different death certificates, each claiming different individuals as the rightful owner of the property located in Kaptagat Settlement Scheme, Ainabkoi Sub-County.
Conflicting Claims Over Original Ownership
The family of the late Philip Cherono, led by his elder son Clady Cheruiyot, insists that their father passed away in 1976, as indicated in the death certificate they submitted to the court.
However, in a counterclaim, Abraham Chebii, a senior driver with the Judicial Service Commission, argues that his father, Paul Kibet Cherono, died in 1997, as reflected in the death certificate he presented.
The two families have been engaged in a prolonged legal battle over the land since the deaths of their respective patriarchs.
Legal Representation and Court Testimonies
The late Philip Cherono’s family is represented by Lawyer Elijah Momanyi, while Lawyer Andrew Kiboi is representing the estate of the late Paul Cherono.
Chebii has laid claim to the land, asserting that he inherited it from his late father. However, Clady Cheruiyot has strongly refuted the claim, asserting that Chebii is a stranger to the land.
In his testimony, Chebii argued that his father leased the land to Philip Cherono over 60 years ago, as he owned other property in Elgeyo Marakwet County.
Chebii also dismissed allegations that his father was childless, emphasizing that he has a sibling.
“To claim that my father had no children is an utter falsehood. My father sired two children with my mother, Esther Chebet,” he stated.
Chebii further informed the court that he possesses documentary evidence proving that the land belonged to his late father.
Defence by the Late Philip Cherono’s Family
On the other hand, the Cherono family maintains that they have the original title deed and challenged Chebii to produce credible evidence to substantiate his claim.
According to Cheruiyot, his father legally acquired the land in 1965 under Plot No. 173, registered under Paul Philip Cherono.
“We have lived here since childhood. Our parents died here, and their graves are on this land,” testified Cheruiyot.
The court is set to resolve the ownership dispute once the Principal Registrar provides an official clarification on the conflicting death certificates.
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