The High Court in Eldoret has barred the Director General of the Energy and Petroleum Regulatory Authority (EPRA), Daniel Kiptoo, from carrying out developments on a disputed parcel of family land in Uasin Gishu County.
In a ruling delivered by Justice Reuben Nyakundi, the court issued an injunction in favour of Kiptoo’s half-sister, Loise Jerop, pending the proper administration and distribution of the estate of their late father, Barnabas Bargoria.
The orders restrain Kiptoo from establishing or continuing with the construction of a petrol station, greenhouses, a water bank, or any other commercial infrastructure on the contested land, Kiplombe/Kuinet Block 2 (Rotich and Birech) 21, measuring 22.29 hectares along the Eldoret–Ziwa highway, until all beneficiaries reach a consensus.
Justice Nyakundi also directed the administrators of the multi-billion-shilling estate to fast-track the confirmation of the Grant of Letters of Administration, with copies of the orders served on the OCS Soy Police Station, the area chief, and the Deputy Registrar of the High Court in Eldoret for enforcement.
The case arose from an application by Jerop, who accused Kiptoo of undertaking multi-million-shilling projects on the land without the consent of other beneficiaries. She argued that his actions amounted to intermeddling with the estate and risked wasting family property.
In her submissions, Jerop told the court that the land is still registered in their late father’s name and that no agreement had been reached regarding its use. Kiptoo, however, dismissed the claims, arguing that his sister had failed to provide evidence of the alleged developments and insisting that granting the injunction without proof would be unjust.
While siding with Jerop, Justice Nyakundi held that she stood to suffer irreparable loss if the developments continued, noting that further construction risked causing permanent alterations to the property that could not be adequately compensated with money.
The matter will proceed once the succession process is formally concluded.
Written By Rodney Mbua
