High Court Declines Officer’s Plea for Direct Inheritance in Sh700M Family Estate, Rules Share to Be Through Mother
Kogo, a father of two and an officer at Yamumbi Police Station, argued in court that he had been treated as Bor’s son since childhood
Police Constable Stanley Kibet Kogo at the Eldoret High Court as Justice Reuben Nyakundi delivers the ruling in his succession case.
In a significant ruling that concluded a seven-year inheritance dispute, the High Court in Eldoret has declined to recognize a police corporal as a direct beneficiary of his late grandfather’s vast estate, worth over Sh700 million. The decision affects Stanley Kibet Kogo, 55, who had sought to be included in the distribution of his grandfather Alfred Kaplamai Bor’s wealth.
Presiding Judge Reuben Nyakundi ruled that Kogo could not be placed in the direct lineage of the deceased, but he would still receive a share of the estate through his mother, Zippy Kalamai Bor. “Including Mr. Kogo as a direct beneficiary would amount to double allocation, as he is already entitled to his mother’s share alongside other grandchildren,” Justice Nyakundi explained in his judgment.
Bor, a prominent large-scale farmer and businessman, passed away eight years ago, leaving behind a sprawling estate that includes 400 acres of prime land near the Eldoret-Southern bypass, properties in Eldoret town, and various shares in companies such as Standard Chartered Bank, Kenya Breweries, and Kenya Commercial Bank. His estate also includes livestock, machinery, and other assets, with Bor having fathered 22 children from his three wives, including a High Court judge.
Kogo, a father of two and an officer at Yamumbi Police Station, argued in court that he had been treated as Bor’s son since childhood. “My grandfather raised me after my mother abandoned me to pursue her studies,” he stated in court documents. Kogo claimed that after Bor’s death, his uncles, Emmanuel Kiptoo Lamai and Benjamin Kiptoo Lamai, excluded him from the estate during a family meeting.
“I later discovered my uncles had appointed themselves as sole administrators of the estate, sidelining me despite my entitlement as an adopted son,” Kogo said.
Kogo also contended that he was denied a portion of the Sh57 million compensation awarded to the family by the National Land Commission (NLC) for part of the family land that was acquired for the Eldoret-Southern bypass project.
However, the administrators, led by Benjamin Lamai, refuted Kogo’s claims, insisting that their late father never adopted Kogo as his son. “My father lived with his children and grandchildren, but he never indicated that he had adopted any grandchild as a child,” Benjamin stated.
Benjamin further disclosed that Bor had supported Kogo by purchasing a five-acre plot in Uasin Gishu County, where Kogo has been residing with his family since 2003. “It is therefore not accurate to claim that he was treated as a son. All of Bor’s sons reside on the family’s property in Kabogo,” Benjamin added.
Despite this, the court ruled that all of Bor’s 22 children are entitled to an equal share of the estate. The judge also rejected a plea by the administrators to distribute the estate among the three houses, a move that had been contested by some of Bor’s daughters.
Kogo’s legal team, led by lawyer Richard Kamau, is expected to review the ruling, while the estate administrators, represented by Kalya & Company Advocates, indicated they would proceed with the distribution in accordance with the court’s directives.
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