Battle for Stanley Oloitiptip’s estate still pending in court 30 years later

The succession case of the late Cabinet minister Stanley Shapashina Oloitiptip’s multi-million-shilling estate is still pending in court more than 30 years after his death.

The Maasai kingpin, who died at Rombo in Kajiado County, left no will that could have seen his 13 widows and more than 50 children share his vast estate without legal battles.

This has seen his children take on each other in court in their quest to obtain letters of administration on grounds that the estate is not being managed as per the law.

Three children appointed as administrators of the estate by the High Court on September 4, 2008 are searching for some property not included in the estate’s inventory, in a bid to update the list filed in court few years ago.

Today, the three, appointed by former Deputy Chief Justice (Rtd) Kalpana Rawal – Koikai Oloitiptip, Lemayan Oloitiptip and James Oloitiptip - are waiting for their letters of grant to be confirmed by the High Court.

The Judge’s action changed the estate’s management, automatically revoking letters that had been issued to some brothers in December 2005.

Koirial Oloitiptip, Munyentet Oloitiptip, Lemayian Oloitiptip and Daniel Oloitiptip had been issued with limited grant by the then High Court Judge Joyce Aluoch after revoking a July 1996 order that gave their elder brother Kasaine Oloitiptip limited grant to manage the estate over alleged mismanagement.

The revocation of the limited grant came few months after Rawal issued an order that all funds held by beneficiaries of the late Cabinet minister be deposited at the High Court.

In the September 2008 order, the new administrators were expected to file the estate’s inventory containing all assets that belonged to Oloitiptip, details of families including houses and the beneficiaries of the estate from each house including the widows; and a proposal on how the property should be distributed.

To give details

The judge also ordered that while filing the application for confirmation and opposition of the letters of grant, the administrators were at liberty to give details of misappropriation if any, by any of the beneficiaries or the earlier administrators.

James then filed an affidavit in court, thanking it for appointing administrators from opposing sides to manage the estate as joint-administrators.

“The family members and myself are thankful for the wise direction of the court to appoint representatives of the opposing parties and we have made an effort to work together to bring relief to the family and to bring to an end the 25 years of waiting that had bogged down the family,” he stated in July 2011.

Accepting the appointments, Koikai also filed an affidavit arguing that damage to the estate has been immense following delay to rule on the matter. “It is now time the court asserts its authority to enforce and ensure compliance of its decision to deliver justice expeditiously,” he stated in his affidavit.

Confirmation of the letters

Four years later, the administrators led by Koikai applied for the confirmation of the letters of grant issued in 2008 and sought for an order directing all institutions dealing or holding monies/assets of the estate and land registries.

In compliance with Rawal’s order, Lemaiyan filed lists of his father’s assets and beneficiaries, documents that were supported by his co-administrator Koikai.

The list shows Oloitiptip who asked a magistrate in 1984 whether there were beds in prison after he was slapped with a 12 months sentence for failing to pay tax in respect of one of his boarding houses had mainly invested in real estate.

At the time of his death, he had more than 240 cows and held accounts in Habib Bank, National Bank and Pan African Bank.

According to court records, the family is said to have put in place a system involving the three administrators and other members of the family for consultative processes in decision making; and book keeping in line with succession laws.

Several Judges including Chief Justice David Maraga have handled at the High Court cases touching on the politician’s estate and issued orders to try and solve the inheritance dispute that has rocked the family for decades.

In October 2013, the Deputy Registrar said that following an audit of succession cases that were pending in Family Division, it was determined that they be heard and determined on priority basis. The case was then placed before Justice Luka Kimaru.

Justice Aggrey Muchelule who heads the Family Division was forced to adjourn the matter after all the parties failed to appear in court in 2016 despite having taken a hearing date at the registry.  

ekwamboka@standardmedia.co.ke