EPRA Director General Appeals Eldoret Court Ruling in Family Land Dispute

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“This honorable Court be pleased to grant a temporary stay against the ruling delivered by Hon. R. Nyakundi on 11th August 2025 pending the hearing and determination of this application inter-parties,” Kiptoo

Mr. Daniel Kiptoo , MBS, OGW – Director General, Energy and Petroleum Regulatory Authority (EPRA) | Image: Courtesy of EPRA

By Hubzmedia, Eldoret

Energy and Petroleum Regulatory Authority (EPRA) Director General Daniel Kiptoo Bargoria has filed an appeal challenging a High Court ruling in Eldoret that restrained him from managing or developing a multi-million-shilling family property in Uasin Gishu County.

On August 11, 2025, Justice Reuben Nyakundi barred Kiptoo from “intermeddling with the estate of the late Barnabas Tuitoek Bargoria”, his father, pending the determination of a succession case. The court further stopped him from developing, disposing of, transferring, or subdividing the contested land, known as Kiplombe/Kuinet Block 2 (Rotich and Birech) 21, measuring approximately 12.26 hectares.

The injunction was granted in favor of Kiptoo’s half-sister, Loise Jerop Bargoria, who maintains that the land forms part of their late father’s vast, undistributed estate.

In his petition to the Court of Appeal, Kiptoo argues that the ruling denies him access to what he describes as his family home.

“Due to the nature of the said ruling, I cannot access my matrimonial home where the suit ruling adversely affects me. I intend to appeal the said ruling and have filed a Notice of Appeal,” Kiptoo stated in his filing.

He further contends that he stands to suffer irreparable harm if the orders are not stayed.

“This honorable Court be pleased to grant a temporary stay against the ruling delivered by Hon. R. Nyakundi on 11th August 2025 pending the hearing and determination of this application inter-parties,” Kiptoo pleaded, adding that his application should be certified as “extremely urgent.”

Kiptoo is also seeking a stay of all proceedings in the ongoing succession cause until the Court of Appeal hears and determines his application.

Jerop, in her supporting affidavit, insists the disputed property belongs to their late father, who died intestate five years ago, leaving behind two widows and seven children. She emphasized that the estate, which includes prime assets in Nairobi, Uasin Gishu, and Elgeyo Marakwet counties, is yet to be distributed.

“The estate of my late father has not been distributed as we are yet to sit down as a family and agree on the said distribution, taking into account how vast my late father’s estate was,” Jerop noted.

She accused her stepbrother of encroaching on the land and carrying out large-scale projects without family consent.

“The beneficiaries of the estate are not aware of the circumstances under which Kiptoo was utilizing the said parcel of land belonging to the deceased person and which is still registered under his name,” she averred.

Jerop alleged that Kiptoo has initiated construction of a petrol station, a greenhouse for commercial farming, and a water bank on the property. She claimed that community members have opposed the projects, citing health and environmental risks, lack of legal approvals, and absence of public participation.

The late Barnabas Tuitoek Bargoria, a former National Irrigation Board managing director, was also a prominent sports leader who served as chair of the Kenya Volleyball Federation and as Confederation of Africa Volleyball (CAVB) Vice President between 1989 and 1992. His multi-billion-shilling estate remains the subject of an increasingly bitter succession battle among his heirs.

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