The family of former KANU-era nominated MP Mark Too has resumed a protracted court battle over the control and distribution of his estate, estimated to be worth more than Sh7 billion.
The succession dispute resumed before Eldoret High Court Judge John Chigiti, with the deceased’s first wife, Mary Too, accusing her co-wife, Sophie Too, of sidelining her in the management of the vast estate and disposing of family property without her consent.
Mary, 70, who was the first witness to testify in the ongoing succession proceedings, alleged that Sophie was selling portions of the estate without consulting her despite both of them being joint administrators.
“My Lord, it is disturbing the way my co-wife is selling prime parcels of land belonging to the deceased without seeking my consent, yet we are joint administrators of the estate,” Mary told the court.
She claimed that the continued sale of the deceased’s assets could ultimately diminish the inheritance available to the beneficiaries and expressed concern that even the land on which her husband was buried could eventually be disposed of.
The estate comprises more than 6,000 acres of agricultural land spread across Uasin Gishu, Nandi, Nakuru and Trans Nzoia counties, as well as prime property in Nairobi, motor vehicles and shares in blue-chip companies.
Mary told the court that efforts to resolve the dispute through mediation over the past seven months had failed to yield an agreement on how the estate should be shared among the beneficiaries.
She urged the court to allocate her son, Moses Too, an additional 200 acres of land on top of the 170 acres already proposed for him, arguing that this would ensure fairness and equity among all beneficiaries.
“I want my son Moses to be allocated an additional 200 acres, besides the 170 acres already earmarked for him, so that he is treated equally with the other beneficiaries,” she said.
Mark Too, a prominent businessman and former nominated MP, died of a cardiac arrest on December 31, 2016, without leaving a written will.
Because he died intestate, the distribution of his wealth is being determined under Kenya’s succession laws, a factor that has contributed to years of litigation among his widows and children.
During the hearing, Senior Counsel Tom Ojienda, appearing for Sophie Too, maintained that the estate had been distributed in accordance with a mutually agreed formula reached by the two widows.
However, Mary disputed that position, insisting that although she signed the distribution agreement, she no longer supports it because it does not guarantee an equitable share for her house.
“Yes, I signed the document, but I later rejected it because my concerns over a fair distribution have not been addressed,” she said during cross-examination by Ojienda, who is also the Kisumu Senator.
Mary also told the court that she unsuccessfully sought orders to stop further disposal of the estate’s assets, saying her application to place a caveat on the affected properties was dismissed.
“I am in court to protect my late husband’s estate for the benefit of my grandchildren. My attempt to stop the sale of portions of the land was unsuccessful after the court declined my application,” she testified.
The court is expected to hear testimony from seven more witnesses drawn from both sides of the family before determining the application seeking a review of the distribution of the estate.
Those expected to testify include Moses Too, Jane Too, Chepkoech Too, Sophie Too, Sandra Too, Daniel Too and the late politician’s brother, David Too.
The succession battle has previously featured separate legal proceedings involving children born out of wedlock, who accused the widows of excluding them from the proposed distribution of the estate.
One of them, Chepkoech Too, successfully petitioned the court to be recognised as a biological daughter and lawful beneficiary after she was omitted from the list of beneficiaries.
The two widows opposed her claim, with Sophie arguing that Chepkoech was not a member of the family and was therefore not entitled to inherit the estate.
To resolve the dispute, the High Court ordered DNA testing at the Kenya Medical Research Institute (KEMRI).
The tests compared Chepkoech’s DNA with that of Arafat Mohammed Bakari, one of the late politician’s acknowledged sons born out of wedlock.
The results confirmed that the two were biological half-siblings, prompting the court to declare Chepkoech a biological daughter of the late Mark Too and a lawful beneficiary of the estate.
The succession case, first filed in 2017 shortly after Mark Too’s death, has been the subject of numerous legal battles as family members continue to contest the distribution of the multi-billion-shilling estate.
The matter will resume on July 21, when the court is expected to continue hearing the application seeking a review of the proposed distribution formula.
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