Court asks family in succession case to try mediation
By Audrey Ngeny
| May 27th 2019
The High Court in Eldoret has advised the family of former Nyanza Provincial Commissioner Charles Murgor to embrace mediation in resolving a long-standing estate dispute.
Justice Olga Sewe, who is presiding over the family’s succession dispute, told the deceased’s children, among them former Director of Public Prosecutions (DPP) Philip Murgor, to give mediation a try.
“Give mediation a try as it will not only restore unity in the family but also produce results that will be mutually agreeable by all parties involved in the dispute,” said Justice Sewe.
The former PC died 24 years ago, leaving behind vast estate spread across Uasin Gishu and Elgeyo Marakwet counties.
He was survived by four widows namely Selima Murgor with five children, Hannah with two children, Christine with six children and Dinah with four children.
The estate under contestation include 250-acre land in Turbo constituency and Kalyet farm measuring 1,400 acres in Moiben constituency in Uasin Gishu County. Others are Chebenyinyi farm measuring 212 acres and several prime plots in Iten town, Elgeyo Marakwet County.
Philip Murgor and his siblings had moved to court seeking orders to be included in the sharing of Kaptabei and Chebenyinyi properties, arguing that it was unfair for the administrators of the two property to sideline them.
Through Edward Murgor, the late Christine’s children want to be given a share of Kaptabei and Chebenyinyi properties, terming the move to sideline them as unjustified and malicious.
However, they have contested the inclusion of the expansive 1,400 Kalyet farm in the list of their late father’s estate saying the property was solely bought by their late mother through a loan she secured from Agricultural Finance Corporation.
“Kalyet farm has never been part of our late father’s estate and there is no way we will allow the land to be among the property to be shared among the entire family members,” argued Philip.
But in a rejoinder, their step-brothers and sisters have insisted that the Kalyet farm should be included in the list of estate their late father.
Led by the administrator of the Kaptabei and Chebenyinyi estate George Murgor, they said that it was wrong for Edward’s family to demand shares of Kaptabei’s 250-acre farm and 212 acres Chebenyinyi farm.
George said they had resolved the surrender 1,400 acre of Kalyet farm to the former DPP’s family but still they had taken them to court to demand for additional shares in the two properties.
“We are ready and willing to surrender our shares for them if they accept their stepbrothers and sister to have a share of the 1,400 Kalyet farm,” said George.
Justice Sewe adjourned the case for further hearing on June 18 and 19.
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