The High Court of Kenya sitting in Eldoret has declared Chepkoech Too the biological daughter of the late former nominated KANU MP Mark Kiptarbei arap Too, ending a decade-long legal battle over her paternity and her right to inherit from his multi-billion-shilling estate.
In a judgment delivered by Presiding Judge Anuro Wananda, the court ruled that DNA evidence conclusively proved Chepkoech as a child of the deceased politician and businessman.
The decision followed an application by Chepkoech seeking a DNA test after she was excluded from succession proceedings involving the estate, estimated at Sh7 billion.
She accused her stepmother, Sophie Too, of refusing to recognize her as a beneficiary and leaving her out of the inheritance.
In court filings, Chepkoech argued that a scientific test was the only way to settle the dispute over her paternity and secure her rightful share of the estate.
The verdict now puts to rest the issue of her paternity after one of the late MP’s widows, Sophie Too, disowned her following his demise ten years ago.
Chepkoech claimed that her stepmother had refused to acknowledge her as a beneficiary of the deceased’s vast estate, which spans several counties in the country. She faulted Sophie for excluding her from the distribution of the inheritance.
“The only way to resolve the issue of my paternity is to order a DNA test to enable me to get a share of my late father’s estate,” Chepkoech argued in her application.
During the succession case, Sophie acknowledged only two children sired out of wedlock by her late husband—Ali and Bakari—as his biological sons and dismissed Chepkoech as a stranger to the family.
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This prompted Chepkoech to seek a High Court order for a DNA test to confirm her status as a child of the late MP and a rightful beneficiary of his multi-billion-shilling wealth.
“A declaration is hereby made that Chepkoech Too is a biological daughter of the deceased based on the DNA results obtained from samples taken from her body against that of Arafat Mohammed Bakari, a known child of the deceased,” ruled Justice Wananda.
The tests, conducted at the Kenya Medical Research Institute (KEMRI), established that Chepkoech and Bakari, though having different mothers, were biologically half-siblings, sharing the same father.
Chepkoech is one of four children sired out of wedlock by the late KANU-era powerbroker.
Mark Kiptarbei arap Too passed away at the age of 60 on December 31, 2016, at an Eldoret hospital in Uasin Gishu County, leaving behind two widows, Sophie and Mary Too, with seven children between them. He was laid to rest at his second wife’s home, Sophie’s, at Sirikwa Farm near Eldoret International Airport in Kapseret sub-county.
Court records show that Mary, the first wife, has five children: Elizabeth Chepkoech Too, Moses Kiprotich Too, Jennifer Jebet Too, and Daniel Kipchirchir Too. Sophie has three children: Sandra Jerop Too, Kevin Kipkemei Too, and Sharon Jepchumba Too. Those sired out of wedlock include Chepkoech Too, Ali Kiptarbei Mark Too, Arafat Mohammed Bakari Too, and Sammy Waki (deceased).
The two widows are administrators of the estate, which includes 19 farms located in Uasin Gishu, Nakuru, Nandi, and Trans Nzoia counties. The deceased also owned 10 trailers, 10 tractors, 11 vehicles, and shares in six blue-chip companies.
He had interests in agribusiness, large-scale dairy, wheat, and maize farming, as well as property and real estate in major towns across the country. He also owned multi-million-shilling homes in Lavington and Muthaiga in Nairobi, Milimani in Nakuru, and Elgon View in Eldoret.
With the ruling, Chepkoech is now legally recognized as a beneficiary and will participate in the distribution of the estate, bringing closure to a long-running family dispute.
– By Ekuwam Sylvester, KNA
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