A 55-year-old police constable has filed a case at the High Court in Eldoret seeking a stake in the multi-million shillings estate of his grandfather who died eight years ago interstate.

Stanley Kibet Kogo who is attached to Yamumbi Police Station in Kesses sub county Uasin Gishu County has sued his uncles, Emmanuel Kiptoo Lamai and Benjamin Kiptoo Lamai for discriminating him in the distribution of the deceased Alfred Kaplamai Bor’s estate.

The petitioners are joint administrators of their late father’s estate that is at the centre of the protracted inheritance dispute with their sister’s son.

They are represented in the succession matter by lawyers Nathan Tororei and Careen Chesoo while Kogo is represented by lawyer Richard Kamau.

In his court documents before the Presiding Judge Reuben Nyakundi, Kogo, a father of two, claims that his grandfather adopted him as one of his children when he was barely three days old.

This was after his mother; Irene Zippy Kalamai Bor abandoned him and left to pursue her studies in nursing at the Kisii Medical Training College never to return back.

Prime land

 The deceased owned over 400 acres of prime land located along the Eldoret-Southern bypass road project , several plots in Eldoret town and its environs said to be valued at more than Sh600 million.

He also held several shares in Standard chartered Bank, Kenya Breweries, Kenya Commercial Bank Singoi Holding Limited, Wareng Sacco, motor vehicles, tractors livestock, wheat planters and two trails.

The late Bor left behind three widows and 14 children among them the Lands and Environment Court Judge Antonina Kossy Bor.

Kogo wants the High court to compel his uncles to include him as a beneficiary in the vast estate of the deceased who passed away on October 20, 2017.

He argues that he was brought up by his late grandparents, Alfred Kaplamai Bor and Rosebella Jepkosgei Bor adding that when he was baptized on December 24, 1971 at St Joseph Seminary Eldoret, they witnessed the ceremony as his parents.

 Kogo says that his woes started three month after the burial of his grandfather on October 20, 2017 when his uncles held a meeting where they distributed his estate to themselves excluding him from the process.

“I later came to learn that another meeting was held where my uncles appointed themselves as administrators of the entire family estate and sidelined me despite the fact that I am also entitled to a share in the estate of my grandfather by virtue of being his adopted son,” stated Kogo.

Land compensation

He further accused his uncles for denying him a share of Sh57 million paid to the deceased family by the National Land Commission (NLC) as compensation for a section of the family land which was taken to pave way for the construction of the Eldoret-Southern bypass road project.

The implementation of the 80 kilometre project was financed by the African Development Bank at a cost of Sh5.6 billion.

In their rejoinder, the administrators of the deceased estate confessed that Stanley Kibet Kogo was well known to them as he is a son to their sister Irene Zippy Kalamai Bor. Led by Benjamin, they stated that their father lived with his children and grandchildren whom he took care of their school fees and other essential needs.

“I know from my own knowledge that my father had during his lifetime stayed with his children and grandchildren. During all this time, he never expressed that he had adopted any of the grandchildren as his children/child,” countered Benjamin.

Benjamin brought to the attention of the court that his late father never adopted or treated Kogo as his child as he avers in court documents.

He added:” As a fact, the deceased supported him ( Kogo ) by buying him 5 acre piece of land previously owned by East Africa Tanning and Extract Company ( EATEC) in Uasin Gishu County”.

According to Benjamin, his sister’s son moved to the said property in 2003 where he has settled with his wife and children to date.

 “It is therefore not true that he was treated as a son of the deceased. All the deceased’s sons reside on the family property in Kabogo area,” argued Benjamin.

Benjamin also dismissed as false, assertion by Kogo that he was a beneficiary of their late father’s multi-million shilling estate.

He, however, stated that Kogo was entitled to a share of whatever portion that will be given to his mother Irene Zippy Kalamai Bor.

Justice Nyakundi is set to make a ruling on how the estate will be distributed among the beneficiaries on September 17.