Deceased Farmer’s Children Battle in Court Over Contested Will


Eldoret: The family of the late Francis Kipkoech Kimoso, a prominent and wealthy farmer in Uasin Gishu County, is embroiled in a court battle over the sharing of his wealth. A section of the tycoon’s children, led by his eldest daughter Margaret Kimoso, have filed a suit before an Eldoret court challenging the validity of a purported will detailing how the deceased’s estate should be distributed among the beneficiaries.

According to Kenya News Agency, the deceased, who passed away 13 years ago at the age of 67, had two wives, both deceased, and 18 children. The late Kimoso’s vast empire is valued at an estimated Sh1.5 billion, consisting of several parcels of agricultural land spread across Elgeyo Marakwet and Uasin Gishu counties. He also held shares in several blue-chip companies and money in various bank accounts in Iten and Eldoret.

In the court documents, Margaret has sued her siblings, Maurice Kipchumba Kimoso and Jane Jelagat Kimoso, both administrators of the deceased’s estate, for disinheriting som
e of the deceased’s children. The complainants, who have disowned the will detailing how the tycoon’s wealth should be shared among his children, appeared before Eldoret High Court Judge Justice Reuben Nyakundi, claiming that the will excluded eight out of the 18 children as beneficiaries of the vast estate.

Margaret pleaded with the court to have the contested will, allegedly authored by the deceased, subjected to forensic examination by officers from the Directorate of Criminal Investigations (DCI), Nairobi, to determine its validity. She claims their father was not mentally and physically fit at the time he is alleged to have authored the will through his lawyer, Christopher Arap Mitei, in 2012.

Margaret took issue with the two administrators of the estate, saying they apportioned themselves the lion’s share of their father’s estate at the expense of other beneficiaries. She argued that it is not possible that their father would write a will leaving out eight of his children, including herself, from the
list of beneficiaries.

The ongoing dispute has also affected the burial of one of their brothers, Luka Korir, who passed away six months ago. Margaret claimed that her brother has not yet been buried due to the ongoing succession feud and the lack of access to a portion of the family’s land.

At the center of the dispute is a 250-acre piece of land claimed by the two administrators, with Maurice claiming 150 acres and Jane taking possession of the other 100 acres. Margaret informed the court that their late brother used to stay on a portion of this land and that her two siblings have barred the family from burying him there. She urged the court to assist in resolving the succession dispute to enable them to bury their brother.

In response, the two administrators defended their father’s will, stating that although he was sick, he was mentally fit when authoring the document. Maurice stated that their late father was in a sound state of mind when he issued instructions to his lawyer on how he wanted his estat
e shared among his children.

The will bequeathed Maurice Kipchumba Kimoso 150 acres of land in Karuna area along the Uasin Gishu and Elgeyo Marakwet border, while Jane Jelagat Kimoso received 100 acres of agricultural land, 100 head of cattle, sheep, and goats, a combine harvester, tractors, and other farming equipment.

The respondents’ lawyer testified before Justice Nyakundi, stating that he drafted Kimosop’s will as per his instructions and signed it with his secretary for confidentiality purposes. The matter is scheduled for further direction on July 18.