Kibor died on March 6 last year after a long illness and is survived by three widows: Josephine, Naomi and Eunitah Kibor and 29 children.
His first wife, Esther Kibor, died more than two decades ago.
Lawyer Bundotich Korir, who Kibor appointed along with his younger wife Eunitah Kibor to be executors of the will, said the politician was healthy when he gave instructions on how the vast estate should be shared among his widows, 29 children and other beneficiaries.
Korir testified before Justice Reuben Nyakundi during the hearing of a succession case in which the 29 children have filed objection to adoption of the will. Eunitah and Korir had gone to the court seeking to have the will adopted.
The lawyer told the court that a few months before Kibor’s death, he called him and four other witnesses for a meeting at his Elgon View residential house in Eldoret, where he gave him instructions on how to write the will.
“I wrote it exactly as he instructed me and I had no obligation to question him as my client on what he wanted included,” Korir, who was cross-examined by lawyers representing the objectors, said.
He dismissed claims by the objectors that the deceased was not of his mind when he gave him the authority to draft the will.
The objectors claim that the will had so many errors and omissions, which raise questions on its validity.
“To the best of my knowledge, the late Mzee Kibor was of sound mind at the time the will was drafted and he knew exactly what he wanted,” Korir said, adding that Kibor was clear on the assets he included in the will despite the fact that he did not give details of some of assets like land.
The lawyer also told the court that the will was read and approved by Kibor on February 27, 2021, at Eldoret High Court’s parking yard and witnessed by two lawyers of choice, namely, Joseph Kaptich and David Songok.
“The deceased gave the instructions that his young wife and I be the executors of his will, which was signed on a Saturday at the Eldoret High Court’s parking yard for confidentiality,” Korir said.
The lawyer also narrated to the court how Kibor later invited him to his rural home at Kabenes village in Soy subcounty, where he had hosted his close family members, relatives, friends, church and political leaders.
Korir said the politician wanted to disclose the contents of his will to his family members and that he (Kibor) wanted him to read it out at the meeting.
“I carried with me a copy of the will, which I read out at the meeting," he said.
However, he said that some of the family members objected to the meeting and walked away.
Korir said he later handed over the original copy of the will to his senior colleague, Wilson Kalya, who opened it the family members a few days after the death of the businessman.
The vast estate he left includes business premises in Eldoret town, prime plots in Eldoret, Nakuru, Karen estate in Nairobi and Nyali in Mombasa along with thousands of acres of land, especially in Uasin Gishu and Trans Nzoia. He also left behind moveable assets and bank deposits valued at millions of shillings.
The objectors in the matter are represented by 10 lawyers led by Ken Maiyo and Nixon Koitui, while Eunitah is represented by lawyer Karen Chesoo.
The objectors, who include Josephine and Naomi, want the court to revoke the document, arguing that deceased had no capacity to make any decision.
They further argue that there was no equity in the mode of distribution of their father’s wealth. Justice Nyakundi adjourned hearing of the matter until Thursday.
