JSC Probes Alleged Judicial Misconduct in Eldoret Land Dispute Case
When courts become tools to disinherit widows, demolish schools, or erase churches, justice itself stands on trial,” the petition concludes
A section of Eldoret bishops gathers outside the demolished Logos Revival Ministries, condemning the destruction and calling for justice.
The Judicial Service Commission (JSC) has formally acknowledged receipt of a petition filed by the Eldoret-based Centre Against Torture (C.A.T) concerning allegations of judicial bias and abuse of court process in a long-standing land dispute case — Civil Suit No. 176 of 2017: Rodah Cheptonui vs Rev. Aggrey Watindi & Others.
In a letter dated June 13, 2025, and signed by the acting Registrar Isaac C. M. Wamaasa, the Commission confirmed it is now fully seized of the matter, which will proceed under reference JSC Petition No.85/2025. The letter reads in part:
“We write to advise that the Petition is being processed in accordance with the law and the progress or decision of the Petition shall be communicated to you.”
The petition was submitted on May 25, 2025, to both the Chief Justice and the JSC. C.A.T is urging the Commission to investigate what it describes as “gross misconduct, judicial bias, and systemic abuse of land litigation processes” in a dispute involving two parcels of land in Pioneer Estate, Eldoret.
The Disputed Land and Allegations
According to the petition, the case centers on a contested eviction where Rev. Aggrey Watindi and associated institutions—Logos Revival Ministries and Princedom Education Centre—were evicted from land they claim is legally distinct from the parcel in dispute.
C.A.T alleges that:
- The trial judge, Justice M.A. Odeny, ruled against the defendants without summoning the Directorate of Criminal Investigations (DCI) or the Survey Department, despite conflicting reports confirming the parcels were separate and located 600 meters apart.
- Crucial reports from the DCI Land Fraud Unit and the Department of Survey, which confirmed the separation of parcels 12/288 and 12/337, were allegedly expunged from the court file without explanation.
- Witnesses for the defense were barred from testifying, while the judgment relied solely on submissions by the plaintiff, Rodah Cheptonui.
C.A.T claims that the court compelled the defendant to provide ownership documents for a parcel he neither owned nor occupied, and subsequently issued an eviction order affecting a school and church.
Broader Concerns Raised
The petition also paints a concerning picture of systemic land fraud in Uasin Gishu County, alleging:
- Routine tampering of court records in land and succession matters;
- Disregard of forensic and survey evidence in favor of procedural technicalities;
- Deliberate delays in case proceedings, including a two-year delay in substitution of parties following the death of the defendant.
C.A.T emphasized the gravity of the matter:
“This case epitomizes the creeping rot in segments of the judiciary—where land fraud is enabled, not deterred, by legal procedure,” the petition reads.
Petition Seeks Disciplinary and Legal Action
The petition calls on the JSC to:
- Initiate a full inquiry into the conduct of the judge and registry officials involved.
- Suspend or interdict implicated judicial officers pending investigations.
- Refer the matter to the DCI, EACC, and the Ombudsman.
- Recommend a judicial review or recall of the judgment due to suppressed evidence.
- Institute safeguards against land fraud and document tampering in land disputes.
Court Judgment and Appeal Prospects
In the judgment delivered by Justice Odeny in May 2019, the court ruled in favor of the plaintiff, declared her the rightful owner of parcel Eldoret Municipality Block 12/288, and ordered the eviction of the defendants. The defendants’ counterclaim—asserting they were in occupation of a distinct parcel (Block 12/337)—was dismissed, with the court finding no proof that the claimed parcel even exists.
However, the petition contests that key forensic and technical evidence was not only ignored but allegedly removed from the court file, compromising the fairness of the ruling.
The JSC has not indicated a timeline for the completion of the investigation, but C.A.T maintains that transparency and accountability are essential to restoring public trust in the judiciary.
“When courts become tools to disinherit widows, demolish schools, or erase churches, justice itself stands on trial,” the petition concludes
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