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The hearing of a succession battle pitting Jonah Rutto (52) against his biological father Philip Kutto (84) has taken a new twist.

The duo is fighting over a multi-million shillings estate in Uasin Gishu County left behind by Philip’s deceased father Kireger Kutto.

Rutto is in court to contest the distribution of the lare Kireger’s estate, entering a bitter succession case with his father.

The court heard that late Kireger who died aged 99 owned hundreds of acres of land and prime plots in Burnt Forest, Ziwa and Sergoit areas in Uasin Gishu County estimated at being worth more than Sh500 million.

The old man was survived by his four wives Sarah, Christina, Mary and Esther and 27 children, among them Rutto’s father Philip.

Rutto has accused his father of sidelining him during the distribution of the vast estate left behind by his adoptive father despite being one of the beneficiaries.

He further told the judge that he was adopted by the late Kireger as his son through the Nandi customary law and not through the court process.

Rutto told the court that he did not attend the burial of Christina who he says is his adoptive mother after he was barred from accessing the site by family members including his father Philip.

Frosty relations

“I was blocked from attending the burial of my adoptive mother due to frosy relations that exist between me and my biological father related to the sharing of the estate left behind by my adoptive father Kireger,” Rutto argued.

Rutto has now disowned his father who he now refers to in the succession case as a brother also told the court that Kireger left behind 22 children and not 27 as stated by his father Philip.

Philip and his young brother Daniel Kiplagat had been granted letters of administration of their father’s estate. Their father had died 19 years ago.

 Jonah has claimed in the documents filed in court that he is entitled to 80 acres of land that form part of the deceased’s multi-million shillings estate.

He said that his adoptive father died intestate, leaving behind adopted and biological children who deserve a share of the estate that he left behind.

Jonah argued that he is among the children Kireger took care of through his second wife, Christina, since childhood.

Maliciously excluded

He further explained that the second widow (Christina ) was not blessed with children of her own adding that Kireger passed away before effecting transfer of the said portion of land. 

“We have been illegally and maliciously excluded as beneficiaries in the estate of the deceased as his adopted children,” claimed Jonah.

Jonah took issue with the estate administrators’ decision to conceal material facts before the court in an attempt to disinherit him and other adopted siblings.

 He consequently asked the court to consider his petition and issue appropriate orders to save them from losing their share of the inheritance.

 In a rejoinder, Philip argued that to the best of his knowledge, Jonah Kutto whom he refers to as his first born son was never one of the children of late Kutto, whether adopted or biological, as alleged in the application filed in court.

He told the court that Jonah was his son and that he educated him from primary to secondary school levels adding that he has receipts of the fees he paid towards his education.

“My son is not entitled to any portion of my late father’s estate as he is neither one of his children, beneficiary nor dependent on the deceased. He has no right to lay claim on the deceased’s estate,” argued Philip.

According to Philip, at no time did his son become an adopted child of the deceased, as he alleges in his court documents.

“I raised my son until he attained the age of maturity and adulthood. I even paid for his dowry when he got married and gave him three acres of land which he sold and used the proceeds to enjoy himself in Eldoret town,” stated Kutto.

Adjourned matter

Philip also disputed the claim by his son that his stepmother, Christina, was barren, stating that she sired only one child called Sarah Chemeli.

“When my step mother died, her eulogy listed all her children, including step-children and nowhere was my son Jonah Kutto mentioned as one of her children,” added Kutto.

The Judge adjourned the matter to July 31 when an expert on Nandi culture listed by Rutto has key witness will come and give his testimony on the succession row.