A woman claiming to be the daughter of the late influential Kanu politician Mark Kiptarbei arap Too has been recognised by the court as a beneficiary of his Sh7 billion estate.
The High Court in Eldoret has declared Chepkoech Too a biological daughter of the politician, who was also a prominent businessman, bringing to an end a decades-long family dispute during which she was excluded on grounds that she was not his child.
The verdict, delivered by presiding judge Robert Anuro Wananda, settles the question of her paternity. The dispute arose after one of the late MP’s widows, Sophie Too, disowned her following his death ten years ago.
Justice Wananda’s ruling followed an application by Chepkoech seeking DNA testing to establish her paternity after she was locked out of succession proceedings relating to the multibillion-shilling estate.
In her application, Chepkoech argued that her stepmother had refused to recognise her as a beneficiary of the deceased’s vast estate, which spans several counties.
She faulted Sophie for failing to acknowledge her and for excluding her from the distribution of the estate.
Chepkoech maintained that a DNA test would disprove claims by her stepmother that she was not a biological daughter of the well-connected former politician.
“Your honour, the only way to resolve the issue of my paternity is to order a DNA test to enable me to obtain a share of my late father’s estate. This issue has made me look like a stranger in the family, but I am confident God will listen to my prayers,” Chepkoech said in her application.
During the succession proceedings, Sophie acknowledged only two children sired out of wedlock by her late husband, Ali and Bakari, as his biological sons.
She dismissed Chepkoech as a stranger to the family, stating that they did not know her and that she was fabricating claims about the family’s affairs.
This prompted Chepkoech to file an application before the High Court seeking DNA testing to determine her status as a child of the late MP and, consequently, a beneficiary of his wealth.
Different mothers
“Court stands with reality. A declaration is hereby made that Chepkoech Too is a biological daughter of the deceased based on the DNA results obtained from samples taken from her body tested against those of Arafat Mohammed Bakari, a known child of the deceased,” Justice Wananda ruled.
According to the judgment, the tests conducted at the Kenya Institute of Medical Research (Kemri) established that Chepkoech and Bakari, though born of different mothers, are biological half-siblings sharing the same father.
Chepkoech is one of four children said to have been sired out of wedlock by the late KANU-era power broker, popularly known as Bwana Dawa.
Too died aged 60 on December 31, 2016 at a hospital in Eldoret, Uasin Gishu County, leaving behind two widows, Sophie and Mary Too.
He was laid to rest at his second wife Sophie’s home at Sirikwa Farm, which borders Eldoret International Airport in Kapseret Sub-county.
Court records show that Mary, the first wife, has four children: Elizabeth Chepkoech Too, Moses Kiprotich Too, Jennifer Jebet Too and Daniel Kipchirchir Too.
Sophie has three children: Sandra Jerop Too, Kevin Kipkemei Too and Sharon Jepchumba Too.
Those sired out of wedlock include Chepkoech, Ali Kiptarbei Mark Too, Arafat Mohammed Bakari Too and Sammy Waki (deceased).
The two widows serve as administrators of the estate, which comprises 19 farms in Uasin Gishu, Nakuru, Nandi and Trans Nzoia counties.
The deceased also owned 10 trailers, 10 tractors and 11 vehicles, as well as shares in six blue-chip companies.
He had interests in agribusiness, large-scale dairy, wheat and maize farming, in addition to property and real estate in major towns across the country.
He is also said to have owned multimillion-shilling homes in Lavington and Muthaiga in Nairobi County, Milimani in Nakuru County, and Elgon View in Eldoret.
