Mark Too's 'daughter' wants share of multi-million family property

The High Court in Eldoret will in September deliver a ruling on an application to conduct DNA tests filed by a woman claiming to be the biological daughter of late MP Mark Too. Chepkoech Too had in February filed the application for DNA to ascertain her paternity after the late MP’s widows disowned her. She filed the application in the succession case that has been pending in court since 2017.

Justice Eric Ogola said the court will issue its ruling on September 22. In her application, Ms Chepkoech claimed she is Too’s daughter and has a right to be included in the sharing of his vast estate. She faulted widows Mary and Sophia for failing to acknowledge her and leaving her out of the distribution of the estate. Through lawyer Diana Ndirangu, Chepkoech said it was unfair to lock her out of the sharing of the estate and demanded that a DNA test be conducted to solve the paternity issue before the succession case could continue.

Ndirangu had in the previous hearing told the court that a sibling DNA would be suitable, further claiming that the family had seemed to be against conducting sibling DNA.“We are requesting that a DNA test be conducted on the applicant against all the known children of the deceased. We are proposing sibling DNA as it is easier and takes less time. However, the family seems to oppose this kind of DNA and would rather exhume the deceased’s body than provide their samples,” she said.Ndirangu said she had earlier tabled the DNA results of her client, proving she was Too’s child but the widows disputed it. Yesterday, Justice Ogola directed the parties involved to file their submissions and replies before the ruling is delivered. Both widows who are joint administrators of the estate have denied knowing Chepkoech as the MP’s daughter.“Any attempts at negotiating with Ms Chepkoech Too with the administrators to ascertain her status as a child and any proposed settlement as a possible beneficiary have failed,” the widows said.

At the start of the case, three other adults; Ali Too, Mohammed Bakari and Sammy Mulili (now deceased), said they were children of the late MP born out of wedlock and demanded to be included. In December, the widows acknowledged Ali and Bakari as Too’s biological sons. But Mary’s advocate Mburu Maina said the two also have to prove it before court.“Their lawyers know the procedure other than letting the widows acknowledge them as beneficiaries. They should prove they were dependents of the deceased,” Maina said.During the previous hearing, Prof Tom Ojienda, who represents widow Sophia, said Chepkoech “has interests in other estates and it is not possible that she could be having more than one father.”

The late MP’s widows were granted letters of administration of the estate in June 2021 and were expected to present the constitutes of the estate left behind by their husband.In 2018, the two widows filed a joint case for letters of administration, stating that “the deceased left behind a vast estate, which is scattered and is at risk of being wasted if the court does not appoint an administrator urgently.”The MP died on December 31, 2016, aged 60. Too was buried at his second wife’s home at Sirikwa in Uasin Gishu. He had interests in agribusiness, large-scale dairy, maize and wheat farming, property and real estate. At stake also are multimillion-shilling homes in Muthaiga, Lavington in Nairobi, Milimani, Nakuru and Elgon View, Eldoret County. There is also Sh500 million in various bank accounts.

The estate also includes 19 farms in Nakuru, Uasin Gishu, Nandi and Trans Nzoia counties, among them Kabilo, Sirikwa, Chemoset, Kosirai, Kitale, Kiminda, Savani, Ngeria, Kapcheserut, Ngechek, and Kurgung. Other properties include 10 trailers, 10 tractors, 11 vehicles and shares in six companies.Mary has four children (Elizabeth, Moses, Jennifer and Daniel) while Sophia has three (Sandra, Kevin and Sharon).