Former Minister Sued by Sister-in-Law Over Late Father-in-Law’s Multi-Million Shilling Estate
“I was excluded as one of the beneficiaries in the estate of the late Birech’s estate and yet I was married to Peter Kipngetich Rop who was the firstborn of the deceased” Susan Jepkemoi Tanui
Justice Wananda Anuro of the Eldoret High Court
John Cheruiyot, a former Co-operative Development minister under the late President Daniel arap Moi’s Kanu government, is facing a lawsuit from his widowed sister-in-law, Susan Jepkemoi Tanui, concerning the distribution of the multi-million shilling estate of her late father-in-law, Ezekiel Birech. The legal battle is unfolding before Justice Robert Wananda at the Eldoret High Court.
Ezekiel Birech, who passed away 25 years ago without a will, was a distinguished figure, having served as the Head of the African Inland Church (AIC) in Kenya. A close ally of the late former Head of State Daniel arap Moi, Birech was buried at the AIC Missionary in Eldoret City. He left behind a widow, eight children, and a substantial estate comprising movable and immovable properties spread across Kaptel in Nandi County and Kipkabus in Uasin Gishu County.
Plaintiff’s Claims
Susan Jepkemoi Tanui, the plaintiff, asserts that she was married to Peter Kipngetich Rop, Cheruiyot’s elder brother and Birech’s firstborn son, who died 39 years ago. She accuses Cheruiyot, a former Aldai Member of Parliament, of excluding her from the list of beneficiaries when he filed a succession cause following Birech’s death in 2000. Tanui contends that this omission unjustly deprived her of the share her late husband would have inherited.
In her court filing, she states:
“I was excluded as one of the beneficiaries in the estate of the late Birech’s estate and yet I was married to Peter Kipngetich Rop who was the firstborn of the deceased as confirmed by a letter from Kaptel location in Nandi County.”
Tanui further alleges unfair treatment in the estate’s distribution, noting that her second-born daughter, Hellen Jeptanui Rop, was allocated only 2 acres, while she and her other two children received nothing. She labels the administrators’ actions as fraudulent, arguing that they failed to disclose all beneficiaries and did not seek her consent during the process.
Defendant’s Defense
In response, John Cheruiyot acknowledges that Susan was married to his brother Peter in the 1970s but disputes her claims to the estate. He asserts that their marriage produced no children, a key factor in his argument. Cheruiyot states:
“When Susan Jepkemboi Tanui got married to my elder brother Peter Kipngetich Rop, who is now deceased, in the 1970s, she already had one daughter named Grace Chepchirchir from another relationship.”
He further alleges that Tanui abandoned the marriage in 1975 and never returned, prompting Peter to leave the matrimonial home with her children. Cheruiyot emphasizes that when Peter died 39 years ago—before their father’s passing—he had no children or wife, thus leaving no direct beneficiaries to claim a share of Birech’s estate.
Cheruiyot also highlights Tanui’s absence from Peter’s burial, stating:
“When my brother died, the objector had already deserted him for 25 years and did not even attend his burial ceremony.”
Ongoing Legal Proceedings
The dispute hinges on conflicting accounts of family ties, marital history, and entitlement to Ezekiel Birech’s wealth. Justice Robert Wananda has scheduled April 8 for the delivery of the judgment, which will determine whether Susan Jepkemoi Tanui will be recognized as a beneficiary of the estate and how the late bishop’s properties will be divided among his heirs.
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