Eldoret: LSK Chair Accused of Withholding Sh25M in Tycoon’s Estate Dispute

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“I rendered professional services during a complex succession process,” Kenei told reporters. “I am only asking that my legal fees be settled before releasing the remaining money.”

Bill Esselink, son of the late Uasin Gishu tycoon Jan Chris Esselink, pictured at the Eldoret High Court during a hearing on the succession dispute over his father’s multi-million shilling estate

A fierce legal dispute has erupted between the family of the late Uasin Gishu tycoon Jan Chris Esselink and Henry Kenei, the North Rift chairman of the Law Society of Kenya (LSK), over the handling of Sh25 million from the deceased’s estate.

At the heart of the controversy is a sum of Sh30 million that was authorized for withdrawal from the tycoon’s bank account at Stanbic Bank Eldoret, following a September 2022 court order issued by Justice Eric Ogola—then presiding over the succession cause and now Principal Judge of the High Court of Kenya.

Justice Ogola’s ruling permitted the funds to be accessed “to defray the expenses of the estate and to safeguard the livelihood” of Esselink’s children after his accounts were frozen.

According to court filings, the funds were released to the law firm of M/s Kenei and Associates. However, the Esselink family, led by son Bill Esselink and daughter Jackline Chemutai John, now claims that only Sh5 million was used as intended. The remaining Sh25 million, they allege, is still in the possession of lawyer Henry Kenei under unclear circumstances.

“We are facing serious financial difficulties because these funds are being withheld,” said Bill Esselink outside the Eldoret High Court. “We just want the money to be used for the purpose it was intended—for our family’s well-being and the estate’s obligations.”

The family is now seeking a court order to compel Kenei to transfer the funds to the law firms of Terer Kibii & Company Advocates and Y. Jeruto & Company Advocates. They argue the funds should be jointly managed with the consent of all parties involved.

In his defense, Kenei claims that he is not withholding the funds maliciously, but is instead awaiting settlement of his legal fees.

“I rendered professional services during a complex succession process,” Kenei told reporters. “I am only asking that my legal fees be settled before releasing the remaining money.”

Kenei also insists that the family must first withdraw a complaint they lodged against him with the Directorate of Criminal Investigations (DCI), warning that no meaningful dialogue can happen otherwise.

In a ruling delivered on January 30, 2025, Eldoret High Court Presiding Judge Reuben Nyakundi ordered Kenei’s firm to release the Sh25 million to the two designated law firms. “The said sum of Sh25 million shall be released into a joint account managed by the firms of Terer Kibii & Company and Y. Jeruto & Company Advocates,” ruled Justice Nyakundi, allowing Kenei to negotiate his legal fees separately.

But despite this clear directive, the funds have yet to be transferred, prompting the family to raise the matter again before the court.

“I will not allow my name to be soiled,” said Justice Nyakundi during Thursday’s hearing. “I already dispensed with the succession case, and all parties were satisfied with my judgment.”

He referred the case for mention before Justice Emily Ominde for further directions. The matter is set to come up again on May 13, 2025.

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