High Court Nullifies Contested Will of Late Paramount Chief Kibor Arap Talai
“The court notes that the document examiner from the DCI headquarters, Chief Inspector (retired) Daniel Gutu’s testimony was not challenged through cross-examination by the objectors, leaving this expert evidence uncontroverted,” said Justice Nyakundi.
Irene Talai the second wdow of colonial era paramopunt chief Kibor arap Tatala during a court session in a battle over the sharing of the deceased's sh 3.5 billion estate among his feuding family members
The High Court in Eldoret has nullified a contested will purportedly authored by colonial-era Paramount Chief Kibor arap Talai, which his second wife, Irene Jeptanui Talai, had relied on to allocate herself a significant share of the late chief’s vast estate estimated at over KSh3 billion.
Justice Reuben Nyakundi, in a landmark ruling, declared the will dated February 13, 2006, “null and void” after a forensic document examiner’s report concluded that the signatures on the document did not match the authenticated signatures of the deceased.
“The court notes that the document examiner from the DCI headquarters, Chief Inspector (retired) Daniel Gutu’s testimony was not challenged through cross-examination by the objectors, leaving this expert evidence uncontroverted,” said Justice Nyakundi.
The judge further explained that the expert from the Directorate of Criminal Investigations (DCI) found the signatures on the will had been made by different authors, indicating that Chief Kibor Arap Talai did not sign the document.
The late chief, who died on August 2, 2012, left behind a multi-billion-shilling estate spread across Uasin Gishu and Elgeyo Marakwet counties, comprising extensive agricultural land, commercial properties, motor vehicles, farm equipment, and financial assets.
He was survived by two families. His first wife, Tapyotin Kibor, who died six years ago, had five children with him. His second wife, Irene Jeptanui Talai, who is at the centre of the contested will, has three children.
According to the court, most of the property was acquired between 1947 and 1981 during the first marriage, while Irene married the deceased in 1987 after much of the estate had already been accumulated.
The protracted legal battle began more than 20 years ago when the late Tapyotin Kibor challenged the validity of the will, accusing her co-wife of using it to unfairly allocate herself a larger portion of the estate. Before her death, she asked the court to have the will subjected to forensic examination, which eventually revealed it to be a forgery.
Her daughter, Nancy Talai, took over the case after her mother’s death. She told the court that her father, once a teacher before becoming a paramount chief, was not mentally fit to prepare the will at the time it was allegedly written.
However, Irene Jeptanui Talai maintained during her testimony that the will was valid and reflected her late husband’s wishes. She opposed the forensic examination, saying it would deny her her rightful share of the estate.
“The deceased gifted me the prime land near Moi University on which stands several commercial premises before he died. There is no way I will share it with his first wife,” Irene told the court.
Justice Nyakundi directed all the beneficiaries to file within 14 days a comprehensive proposed mode of distribution of the late chief’s estate, detailing the exact acreage and identification of current occupants and users of each property, including the basis and duration of such occupation.
The matter will be mentioned on October 2, 2025, for confirmation of compliance and further orders.
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