A Bitter Inheritance Battle in Eldoret: Son Claims Adoption, Father Denies
Rutto further claimed that Philip, whom he referred to as his “elder brother,” chased him off the 37-acre property and registered it in his own name. “I am now homeless,” Rutto added.
A complex inheritance dispute has unfolded in Eldoret High Court, with 56-year-old Jonah Rutto locked in a legal battle with his biological father, Philip Kutto, over a Ksh 500 million estate left behind by Rutto’s late grandfather, Kireger Kutto.
Rutto insists he is entitled to a share of the estate as an adopted son of the deceased. “The deceased, Kireger Kutto, took me in as his adopted son with the full support and blessings of my biological father, Philip Kutto, and mother, Mary,” Rutto testified before Justice Reuben Nyakundi.
However, Philip Kutto disputes this claim. He maintains that Rutto is his biological son and never became an adopted child. “Rutto is my firstborn son,” Philip stated in court. “At no time did I give him away to my stepmother as an adopted son.”
The case has taken a surprising turn, with Rutto accusing his father of manipulating the inheritance. “It is not fair for Philip to sideline me in the distribution of the estate,” Rutto argued. “He has already taken away a portion of the land bequeathed to me by my grandfather.”
Rutto further claimed that Philip, whom he referred to as his “elder brother,” chased him off the 37-acre property and registered it in his own name. “I am now homeless,” Rutto added.
This unusual terminology regarding his father caused a stir in the courtroom. “I am surprised that you are calling your biological father by name,” Justice Nyakundi pointed out. “It is good to give him the respect he deserves.”
The judge emphasized the importance of cultural respect and following traditional inheritance practices within the Nandi community.
The deceased, a prominent farmer in Uasin Gishu County, died intestate, leaving behind four widows, 27 children (including Philip Kutto), and vast tracts of agricultural land.
Rutto maintains that he was adopted by the deceased’s second wife, Christina, who is now deceased. He claims the late Kireger Kutto, whom he considered his father, financed his education and even paid his dowry.
Philip Kutto counters this account, stating that he, not his father, provided for Rutto’s schooling and dowry. He acknowledges giving Rutto two acres of land, but argues this was the extent of his son’s inheritance.
The court adjourned the case until July 23rd for further hearing. The judge will need to weigh the conflicting testimonies and determine Rutto’s legal standing as an adopted son versus Philip Kutto’s claim of biological paternity and traditional inheritance rights.