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Sons in court to stop sisters from dad’s inheritance

Sons in court to stop sisters from dad’s inheritance
Hellen Jepkosgei alongside her lawyer Joseph Kimani outside Eldoret High Court on Friday. PHOTO/Winstone Cheseremi
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The sons of a prominent Uasin Gishu farmer, the late Kipchemis Chepng’ok have moved to the High Court in Eldoret seeking to block their three sisters from being listed as beneficiaries of their late father’s multi-million shillings estate.

The objectors led by the deceased’s eldest son Gideon Kiprono Chemis, a retired banker are also opposed to a move by their late father in his Will to appoint one of their sisters as administrator of the vast estate on cultural grounds.

Chemis’s contention before the Presiding Judge Reuben Nyakundi on Friday is that it was not only adnominal but also against the Nandi customary law for their sister, Hellen Jepkosgei to be the administrator of the deceased’s estate.

“Your lordship is against the Nandi cultural laws for a married woman to be administrator of her deceased father’s property when there are sons who should be the ones in control of the property,” Chemis said while testifying in court.

Customary law

Chemis further shocked the court when he stated that it was against their customary law for their three sisters to inherit any property from their late father.

“The deceased’s daughters are happily married yet the purported will grants them huge chunks of land at the expense of the interests of the sons. According to Nandi customary law, I as the eldest son should be appointed as the administrator of the estate of the deceased and our family should not be put under the family of Hellen Jepkosgei,” argued Chemis.

The former banker has consequently teamed up with his brothers as he seeks to replace his sister and take control of their late father’s vast estate.

Chepng’ok is said to have left behind the Will which he signed before prominent Eldoret advocates Wilson Kalya and Elias Maritim.

In the said will, the deceased is said to have appointed one of his daughters, Hellen Jepkosgei, as the sole executor of his vast estate.

Kipchemis Chepngok, who was also a cereal and livestock farmer died 10 years ago leaving behind a Will stating how his estate should be shared among his children.

The deceased had more than 360 acres of agricultural land spread in Uasin Gishu County, cattle, farm implements among other properties whose valued is estimated at  more than Sh250 million

According to Chemis, his sisters should be barred from inheriting any property arguing that their interests were catered for when their father was alive.

He wants the court to instead appoint him as the administrator of the estate because Jepkosgei, who was appointed executor in the contested will, is married.

The executor

Chemis also brought to the attention of Justice Nyakundi that he would have accepted the will if one of his brothers had been named as the executor and thus administrator of the estate but not any of his sisters.

 In her defence, Hellen Jepkosgei asked the court to consider the Will as being her father’s true wishes in regards to sharing of his property.

Jepkosgei told the court that she was ready and willing to call advocate Kalya as a witness in the succession case.

She dismissed her brothers’ accusations as false noting that no evidence had been tabled in court to prove the allegations.

The objector’s proceedings before the court have been filed in bad faith and with the sole aim of trying to disinherit the daughters,” stated Jepkosgei in her evidence before Justice Nyakundi.

 Jepkosgei noted that the Succession Act points out that daughters have equal rights with sons on the issue of inheritance

She told the court that her brothers had acted with impunity by allegedly disposing of some of the property without the authority and consultation of the family members.

The case will be mentioned on September 26.

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