‘Expert’ to prove son-father relation in succession case

The succession case in which a man has disowned his biological father over the control of Sh500 million worth of estate of a prominent Uasin Gishu farmer the late Kireger Kutto has taken a new turn at an Eldoret Court.

This was after the Presiding Judge, Reuben Nyakundi allowed the applicant in the matter Jonah Rutto to bring in court an elder who is an expert on customary laws related to adoption of children among the Nandi community.

Justice Nyakundi said the elder must be a person who is well conversant with all the aspects of Nandi culture and specifically issues related to child adoption.

“Customary law is very complicated and that is why we need an expert to come and shed light to the court on how it is done to enable the court to arrive at an informed decision/judgment  when dealing with such complex matters,” ruled Justice Nyakundi.

 He made the ruling in a case where Jonah has accused his father Philip Kutto whom he refers to as a brother for sidelining him in the distribution of the deceased’s multi-million shilling  estate that is spread in various parts of Uasin Gishu County.

Prominent farmer

The deceased who was 99 years and prominent dairy and cereal farmer died 19 years ago without a will.

He left behind four widows, namely Sarah, Rebecca, Mary and Esther and 27 children among them Philip Kutto who is the eldest among his siblings.

The deceased also left behind more than 50 grand children among them Jonah Rutto who is embroiled in a bitter succession court battle with his father over the distribution of the multi-billion shillings estate. Philip and his young brother Daniel Kiplagat had been granted letters of administration to run and manage the estate of their late father’s estate.

Vast estate

However, just as when they were preparing to distribute the vast estate of the deceased to the indicated beneficiaries, the matter look a fresh twist.

This was after Rutto, claiming to be the son of the late Kireger, filed a petition in court seeking a share of the deceased’s estate as one of his sons.

His action came as blow to the 27 members of the late tycoon family members who are beneficiaries of part of the vast estate that the same court directed to be distributed among them last year.

In his application, Rutto compelled the court to revoke the grant of letters of administration issued to his biological father and his younger brother until the issue of inheritance of the deceased’s estate is heard and determined.

According to Rutto, the administrators of his late father’s estate obtained partial confirmation of grant through deliberate concealment of material facts of his existence.

Rutto jointly with Anne Chepkorir claims in the court documents filed before Justice Nyakundi that he is entitled to 80 acres of agricultural land.

Effecting transfer

He stated that his father died interstate leaving behind adopted and biological children and that he is among the children the deceased took care of through his second wife Rebecca since childhood under Nandi customary law.

Rutto argued that the second widow (Rebecca) was never blessed with children of her own as she was barren. Jonah further claimed that his father died before effecting transfer of the said portion of land to him. “We have been illegally and maliciously excluded as beneficiaries in the estate of the deceased by virtue of his adopted children,” argued Rutto.