As has become common in Kenya when a wealthy man dies, 18 siblings in Rift Valley – some 350 kilometres west of the capital Nairobi – is slugging it out in court over their late father Francis Kipkoech Kimoso’s vast estate after one them past away six month ago but can be laid to rest.

One of the daughters, Margaret Kimoso, told the court in Eldoret that one of their brothers, Luka Korir, who passed away six months ago while receiving treatment at a hospital in Iten town, had not yet been buried due to the ongoing succession feud.

Consequently, the family of the late Francis Kipkoech Kimoso, a prominent and wealthy farmer in Uasin Gishu County, is embroiled in a court battle over the sharing of his wealth.

A section of the tycoon’s children led by his eldest daughter Margaret Kimoso have filed a suit before an Eldoret court challenging the validity of a will detailing how the deceased’s estate should be distributed among the beneficiaries.

The deceased who passed on 13 years ago at the age of 67 years, had two wives – both deceased – and 18 children.

Late Kimoso’s vast estate is valued at an estimated Ksh1.5 billion – consisting of several parcels of agricultural land spread across Elgeyo Marakwet and Uasin Gishu counties. He also held shares in a number of blue-chip companies, and money in several bank accounts in Iten and Eldoret.

In the court documents, Margaret has sued her siblings, Maurice Kipchumba Kimoso and Jane Jelagat Kimoso, both administrators of the deceased’s estate, of disinheriting some of the deceased’s children.

The complainants who have disowned the will detailing how the tycoon’s wealth should be shared out among his children, appeared before Eldoret High Court Judge, Justice Reuben Nyakundi, claiming that the will excluded eight out of the 18 children as beneficiaries of the vast estate.

Margaret pleaded with the court to have the contested will, which was allegedly authored by the deceased, be subjected to forensic examination by the Directorate of Criminal Investigations (DCI) in Nairobi, to determine its validity. Saying this was the only way that would help to settle the dispute among the beneficiaries.

She claims that their father was not mentally and physically fit at the time he is alleged to have authored the will through his lawyer, Christopher arap Mitei, in 2012.

“My dad was not in a position to write the said will as he was battling kidney-related complications at an Eldoret hospital; he could hardly walk or even recognise his children,” she told the court.

Margret took issue with the two administrators of the estate saying they apportioned themselves the lion’s share of their father’s estate at the expense of other beneficiaries.

“It is not possible that our father could write a will and then leave out eight of his children, including me, from the list of the beneficiaries,” she argued.

 “The family is unable to find a place to bury the deceased over ownership of a section of the vast agricultural land owned by our late father,” she added.

At the centre of the dispute is a 250-acre piece of land which is claimed by the two administrators, where Maurice has laid claim to 150 acres while Jane has taken possession of the other 100 acres.

Margaret informed the court that their late brother lived on a portion of the 250-acre piece of land, which her two siblings have barred the family from interring his remains, and begged the court to assist them resolve the succession dispute to enable them to bury their brother.

In their rejoinder, the two administrators defended their father’s will, stating that although he was sick, he was mentally fit when authoring the document.

“Our late father was in a sound state of mind when he issued instructions to his lawyer, Christopher arap Mitei, on how he wanted his estate shared out among his children,” Maurice said.

In the will, the late Kimoso bequeathed Maurice Kipchumba Kimoso 150 acres of land in Karuna area along the Uasin Gishu and Elgeyo Marakwet border and bequeathed to his daughter Jane Jelagat Kimoso 100 acres of agricultural land, and 100 head of cattle, sheep, and goats, in Irong, Elgeyo Marakwet county.

The deceased also gifted Jane a combine harvester, tractors and planting and ploughing machines.

In his testimony before Justice Nyakundi, the respondents’ lawyer stated that he drafted Kimosop’s will as per his instructions, adding that the deceased had been his long-time client. He further stated that he signed the Will alongside his secretary for confidentiality purposes.

The matter will come up for further direction on July 18.

• A Tell Media / KNA report / By Kiptanui Cherono