The High Court in Eldoret has issued an order for the forensic examination of the Will left behind by the late Mzee Jackson Kibor to establish its authenticity.
This decision comes as the late prominent farmer and politician’s family, consisting of four widows and 29 siblings, engages in a legal battle over the distribution of his estate, valued at over Sh16 billion.
Justice Reuben Nyakundi, presiding over the case, issued a directive on Wednesday, instructing Eunitah Kibor, the younger widow, and one of the executors of the Will, to surrender the original copy of the document to the Directorate of Criminal Investigations (DCI) headquarters on Kiambu Road within the next 10 days.
“The executioner in possession of the original copy of the testator’s Will shall produce and submit it via personal delivery to the DCI domiciled along Kiambu Road for the same to be subjected to forensic examination,” ordered Justice Nyakundi.
The Kibor family raised objections to the Will, expressing concerns that it might have been forged. They accused Eunitah of tampering with the document to favor her interests in the estate, which comprises more than 5,000 acres of agricultural land, commercial plots, and movable assets spread across the country.
Mzee Kibor, who passed away on March 17, 2022, left behind a significant estate, including plots in upscale Nairobi estates and beachfront properties on the Coast.
Justice Nyakundi’s ruling includes extensive document examination by forensic detectives, allowing the DCI to secure any samples, tools, and writings from the deceased’s estate to enhance forensic analysis. The DCI is expected to file a comprehensive report on the forensic examination before the court on February 26, 2024, coinciding with a status conference on the ongoing succession dispute.
Notably, Eunitah and lawyer Jonah Korir have been listed as applicants seeking the adoption of the Will as is. On the opposing side, individuals including Tecla Kibor, Irene Kibor, Paul Kibor, Carolyne Jeptanui, and Stephen Kibor have raised objections.