The family of former Commissioner of Prisons Philip arap Kirui is faced with an imminent eviction from an 8.5-acre prime land in Sotik, Bomet County, over alleged irregular auction of the property.
As a result, the family has moved to court seeking to prevent the takeover of the land and sought declaration of the transfer of title deed as a fraud.
The late Kirui and his wife Sally were buried in the matrimonial home, which stands on the parcel in the outskirts of Sotik town, which was alleged to have irregularly been transferred to three people who are now claiming it.
The former commissioner of prisons died in 1994, while his wife passed away two years ago after a short illness.
The family has moved to court seeking to prevent the takeover of the 8.5-acre land.
Photo credit: Shutterstock
Four family members— Ms Emily Cherop Kirui, Sally Chepwogen Kirui, David Kipkemoi Cherinyit and Joseph Kirui— have moved to the Environment and Land Court (ELC) to have ownership of the property, which the family has occupied from the 1970s to date, revert to them.
An auction in March 22, 2022, where the land was allegedly sold, has been described by the Directorate of Criminal Investigations (DCI) as a fraud with “the transfer documents not available in the Ministry of Lands, purported sale of the land done without a supporting court decree or publication and valuation report.”
In the latest development, the family has moved to court seeking revocation of the title deed issued to the three people – and have the same revert to the rightful owners.
Christine Andre Joshi, Stephen Elkington, Barry James Joshi and Ezekiel Towett are accused of fraudulently transferring the parcel of land registration number Kericho/Chemagel/1401.
The matter was initially reported at Bomet Police Station by the widow Sally Chepwogen Kirui (now deceased) through OB No 39/7/6/2022 according to a report by the DCI which has been filed in court.
It led to an investigation on abuse of office, fraudulent registration of the land, intermeddling with the property of a deceased person.
Investigating Officer Victor Juma, in documents filed in court with a report dated August 4, 2025, stated that the auction and transfer of the land was fraudulently done without court orders while notification of intent to sell was not published in any newspaper.
A valuation of the property was not done while the Decree and transfer documents are not available in the Ministry of Lands, making the purported transaction a nullity.
Transfer of the property according to investigators, in documents that have been filed in court, was done eight years after the death of the former Commissioner of Prisons (Kirui).
The DCI report indicates the property was registered on July 23, 1975 under Philiph Kirui and the land certificate issued on September 10, 1976 as confirmed by a Green Card dated November 25, 2022.
It was revealed the land certificate was charged as security to secure a loan of Sh35,000 at Kenya Commercial Bank (KCB) by Mr Kirui on June 20, 1980. After repaying the land, the land certificate was discharged as per official Ministry of Lands documents.
On July 27, 1981, a caution was put on the land with prohibitory orders put by Bank of Credit and Commerce International Oversees LTD. On October 7, 2002 a court order was obtained restraining Bank of Credit from any dealing on the land.
But in November 2010, a decree entry was made on the Green Card (vide HCCC Nairobi civil case No 3 of 2009) leading to the transfer of the land to – Steven Elikington, Christine Andree Josh, Barry James Josh – and the title deed issued on the same day.
The DCI report further states that the land was purportedly sold through an auction on March 22, 2002 by Dawning Agencies Auctioneers after publication.
However, the DCI stated that after thorough investigations, it was found that the land was fraudulently transferred since the documents used and decree which were used to transfer it cannot be traced at Bomet Lands Office, as per the Lands Registrar's Report of January 17, 2005.
“It is not clear whether one Philiph Kirui had secured a loan using the title deed as a security to Oriental Commercial Bank Ltd (formerly Delphis Bank) since the said transaction was not indicated in the Green Card” The DCI report states in the case that is before Justice Lynette A Omolo of the Environment and Lands Court.
The investigator stated: “Being that the parcel of land Kericho/Chemagel/1401 is a matrimonial property, I was not able to secure any spousal consent to indicate that there was any monetary transaction between Oriental Bank Ltd and the late Philiph Kirui’s family”
“It is clear from the evidence that the said parcel of land was transferred fraudulently since it was done eight years after the death of the owner, Philiph Kirui and it is clear the transfer was done on a roundtable since the transfer documents cannot be traced at Bomet Land’s office and title issued in record time (same day of sale of property)”
The DCI further stated that there was no supporting court order or decree produced authorising the auction, notification of sale/auction was not published in a Newspaper by Dawning Agencies Auctioneers as required.
“The notice of public auction was made under the statutory power of sales which is not in existence while the valuation of the property was never done since there was no valuation report” The DCI report states.
The land is in a prime location, a short distance from Sotik town and touches the tarmac on the Kaplong-Sotik-Kisii highway.
