Lawyer Tom Ojienda at the High Court in Eldoret
The family of former powerful nominated MP, Mark Kiptarbei Too (deceased), is embroiled in a bitter succession tussle at the High Court in Eldoret over his vast estate, valued at more than Sh10 billion.
After failed mediation efforts over the past seven months, the family is back at the High Court, where Justice John Chigiti has begun hearing the succession dispute, which has now dragged on for more than 10 years.
Too died on December 31, 2016, leaving behind two widows, Mary and Sophie, along with 10 children. Too was a powerful politician during the Kanu regime.
He left behind a vast estate, comprising more than 7,000 acres, much of it located in Eldoret, with other parcels in Nandi and Trans Nzoia counties, among other areas.
When the matter came up for hearing yesterday, the lawyers gave their opening statements before Mary took the witness stand to testify and explained how Too acquired some of his assets.
Lawyer Tom Ojienda, representing Sophie, gave a background to the case, explaining that Too was polygamous with two wives and he always ran the two families separately, with each having its own, almost equal, assets.
Too did not leave a written will, but Ojienda said that while alive he had made his wishes clear to his family, adding that, under African tradition, his wishes were binding.
“Anyone coming here to testify against the wishes of the deceased will have gone against tradition, and thunder may strike him or her. That is as per the words of wise men,” the lawyer said.
He said Too chose to run his family in two distinct halves and the first family, headed by Mary, was bequeathed ownership of Kobilo Farm, while Sirikwa Farm belonged to the second family headed by Sophie.
According to Ojienda, Sirikwa Farm measures about 1,920 acres, while Kobilo Farm is 2,471 acres. There were several other parcels of land that were also shared between the two families.
Too had 10 children, including three born outside the two marriages.
During the hearing, it was agreed that two of the three, Ali Mark Kiptarbei and Arafat Too, would each be given 70 acres and Sh25 million by Sophie, who is the second administrator of the estate.
However, Jepkoech Too, who underwent DNA testing to prove that she was Too's biological daughter, has insisted the estate should be shared equally and fairly among all beneficiaries.
Lawyer Tom Ojienda at the High Court in Eldoret
Her lawyer, Diana Mukusa, said her client had fought hard to be recognised as a beneficiary of the estate and all she wanted was equality and fairness in the distribution of the estate.
Ojienda had told the court that Too valued fairness and equality, especially within his family, but lawyer Mukusa said there was no written will expressing the same principle.
“They say the faintest ink is better than the sharpest memory. There is no will before this court setting out his wishes,” she said.
Mukusa said the court had been told that the deceased believed strongly in equality and fairness and, therefore, that his children have equal rights.
“Jepkoech is counting on this court to ensure that equality and fairness cut across the board,” the lawyer said.
Justice Chigiti directed that the hearing will continue on July 21.
Mary Too who is widow to ex-MP the late Mark Too testifying at the High Court in Eldoret
