The Judiciary has clarified its position regarding a decades-long land dispute involving 90-year-old Ms. Cheptanui Rotich from Kapcherop, Elgeyo Marakwet County. The response follows a local daily’s April 25, 2025, report titled “The Justice System Has Failed Me,” which highlighted Ms. Rotich’s prolonged struggle to reclaim her 44 acres of land.
In a press statement issued the same day, Judiciary Spokesperson Paul Ndemo expressed deep sympathy for Ms. Rotich and acknowledged the challenges she has encountered, despite courts consistently ruling in her favor. “The Judiciary empathizes deeply with Ms. Rotich and acknowledges the significant challenges she has faced in enforcing court decisions affirming her legal rights and entitlement to the disputed property,” Ndemo stated.
The Judiciary confirmed that multiple rulings, including the latest from the Environment and Land Court in Iten (Case No. 8 of 2022), have declared Ms. Rotich the rightful owner of the land. The court also issued orders prohibiting other parties from occupying or utilizing the property.
However, despite these favorable rulings, Ms. Rotich’s land continues to be occupied illegally. The Judiciary emphasized that while courts have fulfilled their mandate by adjudicating the matter, the enforcement of these decisions lies with law enforcement agencies, primarily the police.
“It is now the responsibility of relevant law enforcement agencies to ensure compliance with court orders,” Ndemo explained. He further noted that litigants facing difficulties in enforcement are entitled to return to court for additional support.
The Judiciary’s clarification underscores a broader challenge faced by many Kenyans: the gap between obtaining a court judgment and actual enforcement on the ground. While Ms. Rotich’s decades-long battle highlights the resilience of many elderly citizens seeking justice, it also sheds light on the critical need for stronger mechanisms to ensure that court decisions are respected and implemented promptly.
As the enforcement phase continues, Ms. Rotich’s case remains a stark reminder that the journey to justice does not end at the courtroom and that systemic collaboration is vital to uphold the rule of law.
