The High Court of Kenya, sitting in Eldoret, has declared Chepkoech Too a biological daughter of former nominated Kanu MP Mark Kiptarbei arap Too. The ruling ends a decade-long legal battle over her paternity and right to inherit from his multi-billion-shilling estate.                                          

In a verdict delivered by Presiding Judge Anuro Wananda, the court ruled that DNA evidence conclusively proved Chepkoech as a child of the deceased politician and businessman.

The decision followed an application by Chepkoech seeking orders for a DNA test after she was excluded from succession proceedings involving the estate, estimated to be Ksh7 billion.         

She accused her stepmother, Sophie Too, of refusing to recognise her as a beneficiary and leaving her out of the inheritance. In court filings, Chepkoech argued that a scientific test was the only way to settle the dispute over her paternity and secure her rightful share of the estate.                                     

The verdict now puts to rest the issue of her paternity after one of the late MP’s widows Sophie Too disowned her after his demise 10 years ago.

In her application, Chepkoech had claimed that her stepmother had refused to recognise her as a beneficiary of the deceased’s vast estate that is spread in several counties in the country. She faulted Sophie for failing to acknowledge her and leaving her out of the administration of the deceased’s estate.                                                                                                                 

In her application, Chepkoech argued that a DNA test would disprove claims by her stepmother that she is not a biological daughter of the former well-connected former politician.

“The only way to resolve the issue of my paternity is to order a DNA test to enable me to get a share of my late father’s estate,” Chepkoech in her application said in deposition.

During the succession case, Sophie had acknowledged only two children sired out of wedlock by her late husband, namely Ali and Bakari as the biological sons of her late husband and dismissed Chepkoech as a stranger in the family, stating that they did not know her.

This prompted Chepkoech to file an application before the High Court to conduct a DNA test to ascertain her status as a child of the late former MP and a beneficiary of his wealth worth billions of shillings.

“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 test against that of Arafat Mohammed Bakari; a known child of the deceased,” Justice Wananda ruled.          

According to Justice Wananda’s ruling, the tests, conducted at the Kenya Institute of Medical Research (KEMRI) established that Chepkoech and Bakari, although having different mothers, were biologically half-siblings on account of sharing the same father – the deceased MP.             

Chepkoech is one of four children who were sired out of wedlock by the late Kanu era power man.                                                                                                                                               

Too died at the age of 60 on December 31, 2016 at an Eldoret hospital, Uasin Gishu County, leaving behind two widows, Sophie and Mary Too with eight children between them.                           

He was laid to rest at his second wife’s home (Sophie’s) at Sirikwa Farm that borders the Eldoret International Airport in Kapseret sub-county.                                                                                       

The court records show that Mary, the first wife, has five children namely Elizabeth Chepkoech Too, Moses Kiprotich Too, Jennifer Jebet Too and Daniel Kipchirchir Too. Sophie has three children, namely Sandra Jerop Too, Kevin Kipkemei Too and Sharon Jepchumba Too.                                                          

Those sired out of wedlock include Chepkoech Too, Ali Kiptarbei Mark too, Arafat Mohammed Bakari Too and Sammy Waki (deceased).                                                                                     

The two widows are the administrators of the estate, which includes 19 farms located in Uasin Gishu, Nakuru, Nandi and Trans-Nzoia counties.                                                                                                       

The deceased also had under his name 10 trailers, 10 tractors, 11 vehicles and shares in six blue-chip companies. He had an interest in agribusiness, large-scale dairy, wheat and maize farming, including property and real estate in major towns in the country.                                                                                                                       

The late politician is also said to own multi-million shillings homes in Lavington and Muthaiga in Nairobi County, Milimani in Nakuru County and Elgon View in Eldoret City.                                                

With the ruling, Chepkoech is now legally recognised as a beneficiary and will participate in the administration of the estate, which brings closure to a long-running family dispute.

• A Tell Media / KNA report / By Ekuwam Sylvester

Chepkoech Too, after the High Court in Eldoret ruled in her favour recognising her as the late former MP Mark Too’s biological daughter.