High Court Orders Equal Sharing of Sh300m Estate, Ends 36-Year Succession Dispute

The High Court sitting in Eldoret has ordered the equal distribution of a 302.5-acre estate among the 31 children of the late Chemwok Chemitei, bringing to a close a protracted 36-year succession battle that has long divided the family.

Chemitei, born in 1924, died intestate 46 years ago, leaving behind vast land holdings and livestock spread across Elgeyo Marakwet and Uasin Gishu counties. The estate is estimated to be worth more than Sh300 million. He was survived by five wives—now deceased—and 31 children.

In a landmark ruling, Presiding Judge Reuben Nyakundi directed that the entire estate be shared equally among all the beneficiaries, regardless of gender or house of origin. Each child, the court ruled, is entitled to approximately 8.18 acres.

“All thirty-one children have equal moral and legal claims on their father’s estate. Each is entitled to an equal share in line with the Law of Succession Act,” Justice Nyakundi ruled.

The judge clarified that equality could be achieved without disrupting current occupation on the ground. He directed that each house retain the parcels it presently occupies, but ordered compensation where disparities exist.

“Houses whose members receive more than their per capita share must compensate houses whose members receive less, either through transfer of portions of land or through cash payments based on the current market value, until all shares are equal in value,” he said.

The court found that Chemitei died without leaving a will to guide the distribution of his estate, triggering decades of disagreement over ownership and entitlement. While acknowledging that the deceased died before the Law of Succession Act came into force and that Kalenjin customary law would ordinarily apply, Justice Nyakundi held that no custom that discriminates on the basis of gender or birth circumstances could be enforced.

“Article 27 of the Constitution guarantees equality before the law and equal protection of the law,” the judge stated, adding that the principle of equality extends to all children of a deceased person.

“It would be manifestly unjust and contrary to Article 27 if children of the same father received vastly different inheritances simply because of which house they were born into or how many siblings they have,” he added.

The dispute was reignited after Mary Chemwok Jeruto filed an affidavit of protest against the confirmation of grant issued to the administrators of her late father’s estate. Jeruto, together with her sister Josephine Chemwok—daughters from the third house—claimed they had been excluded from the distribution.

“We are the daughters of the deceased by the late third wife, Tapkigen Chemwok, and as such we are entitled to a share of our father’s estate,” Jeruto told the court.

The sisters urged the court not to confirm the grant issued to the administrators—among them their stepmothers Juliana Chemwok, Kimoi Taparbuch Chemwok and Maria Cherop—until they were included as beneficiaries. They accused the administrators of locking them out of the estate without justification.

The objectors were represented by advocate Andrew Kibii, while the petitioners were represented by lawyer Michael Chemwok, a son of the deceased, who appeared alongside his mother in the succession proceedings.

Justice Nyakundi observed that the dispute centered on concerns over inclusivity and participation in inheritance decisions, noting that some legitimate heirs were excluded when the deceased allegedly distributed portions of the estate during his lifetime.

“This court must interrogate the value of inclusivity and participation when it comes to inheritance rights,” he said.

The judge also underscored the need to preserve African values of justice that promote social cohesion, reconciliation and restorative justice, but within the framework of the Bill of Rights.

“These values must be anchored on human dignity, equality, equity and the protection of the marginalised,” Justice Nyakundi concluded.