Justice Emmanuel Washe ruled that there was no doubt that Eunita is the sole executor of his vast estate, estimated at over Ksh.3 billion. She will execute it with the help of Kibor’s former lawyer, Jonah Bundotich.
The judge made the ruling in a case where more than 16 children of the deceased have accused their stepmother of using a forged will to apportion herself and her four children the lion’s share of the estate left behind by the prominent politician and farmer.
Justice Washe advised the children that if they are uncomfortable with their stepmother’s position, they are at liberty to use the right legal procedure to replace her.
Justice Washe also dismissed the children’s assertions, pointing out a critical legal flaw in their argument. If any fake documents had indeed been used in transactions concerning the estate, the law requires that the official complainant must be the legal executor of the estate itself.
At the centre of the legal battle is a multi-million-shilling building belonging to the late politician located at the heart of Eldoret City.
The children have accused Eunita of collecting rent running into millions of shillings from the building without involving other family members.
They have also accused their stepmother of illegally taking over the more than 320-acre Mafuta Farm in Moiben sub-county, Uasin Gishu county, after their father’s death.
Other properties at the centre of the dispute are matrimonial homes in Chepkoilel on the outskirts of Eldoret City and Kabebes in Ziwa along the Eldoret-Ziwa highway.
While giving her testimony, Eunita told the court that she was only a trustee of the Eldoret town commercial building on behalf of her four children.
She further told the judge that she had the blessing and goodwill of the deceased in her appointment as executor of the vast estate, which is at the centre of a long-running succession case at the High Court in Eldoret.
She also narrated the tribulations her family has been going through, including being evicted from Mafuta Farm that was given to her by Kibor before his death.
Kibor died in March 2022, leaving behind massive parcels of prime agricultural land spanning Uasin Gishu, Nandi, Trans Nzoia and Nakuru counties.
Mzee Kibor had four wives and 27 children.
He also owned several prime commercial plots in Eldoret, Nakuru and Nairobi, several bank accounts, shares in blue-chip companies, and other movable and immovable assets.
The case continues.
