The High Court in Eldoret is set to determine the validity
of a disputed will left behind by the late Kibor Arap Talai, a former Ford
Kenya official and colonial-era paramount chief.
At the center of the legal battle is the distribution of Talai’s vast estate, valued at more than Sh3.5 billion.
Justice Reuben Nyakundi, who is presiding over the long-running succession case, announced on Tuesday that he will deliver his ruling on the authenticity of the will on September 22, 2025.
The case has pitted Talai’s second wife, Irene Talai, against children from his first marriage in a dispute that has dragged on for over a decade.
Irene is accused by her stepchildren of unfairly allocating herself the lion’s share of the estate, claims she denies. She insists that the will is valid and that her deceased husband was of sound mind when he outlined how he wished his estate to be divided among family members.
“He gifted me the prime land near Moi University, where several commercial buildings now stand, before he passed away. There is no way I will share it with the first wife’s family,” Irene told the court during one of the hearings.
Talai passed away in 2012 at the age of 95. He left behind two widows: Tapyatin Talai, now deceased, with whom he had five children and Irene, who bore him three. After Tapyatin's death five years ago, her granddaughter Caroline Jepkogei stepped into the succession case and has also challenged the legitimacy of the will.
A major point of contention is a forensic report presented in court by retired Chief Inspector Daniel Gutu, a former document examiner at the Directorate of Criminal Investigations headquarters in Nairobi. Gutu testified that the signature on the disputed will appears to be forged.
According to court documents, Talai left behind over 2,000 acres of prime land in Kesses near Moi University’s main campus, as well as a vast ranch in Lelan, Elgeyo Marakwet county, where he farmed trees and kept sheep for sale. His holdings also include commercial plots and buildings on a 100-acre land opposite the university campus.
Nancy Talai, the deceased’s eldest daughter from his first marriage, told the court that her father had started as a teacher before becoming a paramount chief, and that her mother worked as a cook at the same college. Nancy has accused her stepmother of forging the will and taking advantage of the estate, despite not having contributed to its accumulation.
Frustrated by the delays in resolving the case, Justice Nyakundi recently rebuked the family and their legal teams for dragging the matter, especially over minor issues such as agreeing on who should pay for a land survey needed to help finalise the estate distribution.
“I am annoyed because it’s a simple thing for family members and their lawyers to agree on how much each should raise so that the survey is done,” he said. “It’s embarrassing that an estate with so many financial resources is being held up over such a basic issue.”
He even suggested the family creates a WhatsApp group if necessary to coordinate the payment and get the survey completed.
Until that survey is done and submitted, Justice Nyakundi has made it clear he will not issue a ruling on the inheritance shares. He reminded the family that the spirit of the Talai might be watching as they fight over his wealth.
“I’m told the dead feel what we do here, and I’m sure he is not happy about all this,” the judge said.
The matter is scheduled for mention again on September 10, 2025. By then, the court expects the family to have completed the survey of the estate land, which will guide the final judgment on how the property will be distributed among the beneficiaries.
