A decade-long succession dispute over the multi-billion-shilling estate of the late former Nominated MP Mark Too has finally been resolved after the parties reached a court-approved settlement at the High Court in Eldoret.
The agreement, adopted as an order of the court by Justice John Chigiti on Tuesday, ends a 10-year legal battle between the late politician's daughter, Chepkoech Too, and his widows, Mary Too and Sophie Too, over the distribution of an estate estimated to be worth more than Sh7 billion.
The ruling followed negotiations between the parties on how to distribute the vast estate spread across Uasin Gishu, Trans Nzoia, Nandi, Nakuru, Nairobi and other parts of the country.
As per the consent agreement, the two widows agreed to recognize Chepkoech Too as a beneficiary of her late father's estate after the High Court earlier declared her to be his biological daughter.
According to the settlement presented before the court, Chepkoech will receive 200 acres of prime agricultural land in Uasin Gishu County from the family's extensive land holdings.
She will also receive Sh15 million within 90 days in lieu of a house at Elgon View Estate in Eldoret that had initially been earmarked for her.
Her lawyer, Diana Ndirangu, told the court the property was already occupied, prompting the administrators to compensate her with cash instead.
The consent further provides that all costs related to the case, including the transfer of the properties awarded to Chepkoech, will be met by the estate.
Mark Too's estate comprises interests in several companies, including Fanikiwa Limited, East Africa Investment Trust, Charterhouse Investment Limited, Kingsway Holding Limited, Jamala Holding Limited, Grad East Africa Limited and Bins (Nairobi) Limited.
The estate also includes residential properties in Nairobi's Muthaiga and Lavington estates, Milimani in Nakuru and Elgon View in Eldoret, as well as 19 parcels of agricultural land in Uasin Gishu, Trans Nzoia, Nakuru and Nandi counties, in addition to motor vehicles and other assets.
The settlement was reached through negotiations led by Senior Counsel Prof. Tom Ojienda and lawyer Diana Ndirangu for Chepkoech, while lawyer Zephaniah Yego and Morris Mburu represented members of Mary Too's family.
The dispute dates back to the death of Mark Too on December 31, 2016, at a private hospital in Eldoret.
Following his death, his widows, Mary and Sophie Too, who were appointed joint administrators of the estate, excluded Chepkoech from the list of beneficiaries, arguing that she was not entitled to inherit.
Chepkoech, a businesswoman and cereal farmer, challenged the decision before the High Court in Eldoret, maintaining that she was one of the late politician's children and therefore entitled to a share of the estate.
She successfully sought DNA testing before then High Court Judge Reuben Nyakundi Wananda after contesting her exclusion.
In a ruling delivered four months ago before his transfer to Nairobi, Justice Wananda declared that Chepkoech was the biological daughter of the late politician.
"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 against that of Arafat Bakari Too, a known child of the deceased," Justice Wananda ruled.
DNA tests conducted at the Kenya Medical Research Institute (KEMRI) confirmed that Chepkoech Too and Arafat Bakari Too, although born to different mothers, are half-siblings sharing the same father.
The ruling paved the way for her inclusion among the beneficiaries of the estate.
Speaking after Tuesday's settlement, Mary Too welcomed the agreement, saying it marked the end of years of family disagreements.
"We want to tell Kenyans that we have not only resolved the land dispute by being united as a football team, there will be no quarrels again. You can see me and Sophie and even our children showing a sign of real unity," she said.
Justice Chigiti commended both sides and their legal teams for resolving the dispute amicably, saying they had demonstrated maturity by settling the matter out of court.
