A High Court judgment in Nakuru has uncovered a scheme by two brothers to inherit their late brother's wealth illegally, despite the existence of his children.
A High Court judgment in Nakuru has uncovered a scheme by two brothers to inherit their late brother's wealth illegally, despite the existence of his children.
Justice Samuel Mohochi's ruling, dated August 15, reveals how Chang'masa Sogomo and Kiprotich AK Chesire forged documents to claim the estate of their late brother, Isaac Kiplagat Chesire, nine days before his death.
The will dated October 11, 2011, falsely named Sogomo and Kiprotich as the sole beneficiaries and executors appointed by Chesire.
After Chesire's death on October 20, 2011, the brothers quickly petitioned for letters of administration using the forged Will to secure a grant of probate issued by the courts on March 30, 2011.
But their scheme was interrupted when two women, Everlene Jerono and Grace Wambui, came forward claiming to be Chesire’s widows and contesting the validity of the Will.
The women claimed Sogomo and Kiprotich obtained the grant through falsehood and misrepresentation of facts and sought to have it revoked.
Jerono told the court she met the deceased in 2007 and was legally married to Chesire under Kalenjin customary law and in particular the Tugen traditional culture.
She presented evidence of their union and two children, Benedict Kiplagat and Francisca Jemeli.
According to her court documents, she went on to state that they resided at the deceased's farm in Emining as husband and wife.
According to Jerono, Sogomo (now deceased) was working with Baringo Teachers, and Kiprotich worked as a tutor at the Ministry of Livestock.
She accused the petitioners of omitting her name in the obituary and that when she went to take the letter of administration and visited the register of births and deaths to pick up the deceased’s death certificate, she was informed that the brothers had collected it.
In addition, the woman claimed the brothers had left out some of the assets owned by Chesire in the Will.
Her list of Chesire’s assets includes a fleet of high-end vehicles, several tractors, other farm machinery, parcels of land, and commercial buildings in Emining, Kampi ya Moto, and Mochongoi.
On her part, Wambui also claimed a long-term relationship with the late Chesire that bore two children, Valentine Wanjiru and Esther Jeruto.
She claimed to have met Chesire and had a romantic relationship with him that culminated in a marriage on May 4, 1991.
She produced copies of her children's birth certificates to prove her relationship with the deceased.
Both women accused the brothers of misrepresentation and provided a forensic report confirming that the signatures on the will were forged.
The court, however, in its ruling said the marriage between the two women and Chesire could not be proved and agreed with the petitioners' claim that the women had a long-time relationship with their brother, but were not married.
The court also recognised the children as rightful heirs.
Justice Mohochi revoked the fraudulent grant of probate to the brothers, appointing two of the children as personal representatives of the estate.
The court ordered the women to assist the children in managing the estate and submit summons for confirmation of the grant within six months.
“Valentine Wanjiru and Esther Jeruto shall forthwith gather all the assets of the deceased and present summons for confirmation of grant within the next six months from the date of this judgment,” Justice Mohochi ruled.
Jerono’s children are still minors.
Justice Mohochi ordered the women to cooperate with the children. The court did not issue any orders on the fate of Kiprotich.
