A decade-long succession battle for former MP Mark Too's Sh10 billion estate has ended after his family
signed a court-approved agreement to share the inheritance.
The consent was adopted at the High Court in Eldoret before Justice John Chigiti. The judge commended the family for resolving the dispute through mediation, just two weeks after the hearing had commenced.
Hearing had been scheduled to proceed on Tuesday when the parties informed the court that they had reached a consent.
Previous attempts at mediation had
failed since Too's death in 2016.
However, when the matter came up before Justice Chigiti, senior counsel Tom Ojienda informed the court that the family had finally found common ground.
"Your Honour, I have great news. There is white smoke. A lot of white smoke indeed. We have had family meetings on this matter and we have reached a consent which we want the court to adopt as the settlement," Ojienda said.
Too, a powerful politician during the Kanu era, died on December 31, 2016, leaving behind two widows, Mary and Sophie, and 10 children.
His estate includes more than 7,000 acres of land, much of which is in Eldoret, with other properties in Nandi and Trans Nzoia counties, among other areas.
Ojienda, who represented Sophie, told the court that one issue remained unresolved involving Jepkoech Too, one of Too's children.
Jepkoech's lawyer Diana Mukusa said her client would not sign the consent unless her concerns were addressed.
"There can be no consent without her," Mukusa said.
Jepkoech had reportedly been offered 100 acres of land, among other benefits, but she declined the proposal.
Ojienda and senior counsel Fred Ngatia asked the court to grant them an additional hour to engage Jepkoech in further discussions and finalise the agreement.
Justice Chigiti allowed the request. When the matter resumed, the parties informed the court that they had reached a final settlement on the distribution of the estate.
The judge then sought confirmation from the more than 10 lawyers representing the various parties, all of whom expressed satisfaction with the agreement.
"I want to thank the family for saving the court's time and reaching an agreement that settles this matter. This is very good for the unity of the family," Chigiti said.
He adopted the consent as an order of the court, bringing to a close the succession dispute that had threatened to divide the family.
"If there is no one with any
other issue to say on this matter, then may you keep quiet forever," the
judge remarked, drawing laughter in the courtroom.
The conclusion of the case was marked by emotional scenes as the two widows embraced each other for several moments, joined by other family members in a rare public display of unity.
"It has been a long 10 years and we are happy that the dispute has ended well," Ojienda said.
Outside the courtroom, family members celebrated the end of the long-running succession case.
First widow Mary Too described the agreement as a turning point for the family.
"We are so happy. May everybody be blessed and may God give us strength to work harder for our grandchildren and great-grandchildren. We love everyone, and even the media, we thank you for telling our story and helping us to resolve it," she said.
Sophie said the family was relieved and grateful to both the legal team and the court for guiding the process to a successful conclusion.
She urged family members to use their inheritance wisely and continue building on the wealth their husband had accumulated.
"It has not been easy. This has taken more than eight years, but we are happy that we were in court only once before we came up with a solution on the second day. Let all the children remember that your father worked hard to acquire all this. Now that you have it, whatever has been placed in your hands, please use it well and with blessings," Sophie said.
ENDS
