The Sh16 billion succession battle pitting two widows of late Uasin Gishu tycoon Jackson Kibor and their 29 children against his youngest widow took an ugly turn after some children stormed his commercial building in Eldoret City and started evicting tenants.
This is despite a High Court directing maintenance of the status quo pending the conclusion of a succession dispute.
The invasion of the premises near the main bus stage on Monday sparked anxiety as the more than 100 traders hurriedly closed down their shops.
Led by Albert Kibor, the disgruntled children accused the tenants of channeling their rental proceeds to an account controlled by Eunita Kibor, their youngest stepmother, instead of depositing it in a neutral bank account where they would all get an equal share.
"We will not allow you to continue operating from this business premises of our late father unless you pay monthly rent to an account that we had agreed upon as a family," said Albert to one of the terrified tenants.
Albert, who was flanked by one of the deceased's granddaughters, said they were executing a court order that directed that rental proceeds generated from the rental building be deposited in a joint bank account.
He castigated the tenants for defying the alleged court order, continuing to channel their monthly rental proceeds to an account held by their stepmother, hence denying them benefits from the estate of their late father.
Albert accused Eunita of pocketing all rental proceeds amounting to more than Sh100 million instead of channeling the same to the deceased's estate.
"Since Mzee passed away four years ago, we have never received a single cent from the rental income from this property. As a family, we will not allow our stepmother to enjoy the rental proceeds generated from the commercial building alone," he said.
In a rejoinder, the embattled deceased's youngest wife defended her decision to pocket rental income from the property, saying her husband allocated it to her to cater for the education and other needs of her four children.
"The commercial building located within the town was allocated to my four children where I am just a trustee in a will that Mzee wrote before his demise," said Eunita.
She told her stepchildren to stop tormenting her, warning that they were fighting a losing battle, since she was the rightful owner of the said property.
A team of police officers dressed in anti-riot gear were forced to rush to the battleground to calm down tension and animosity between the family members of the deceased tycoon.
The officers later arrested Albert and escorted him to the Eldoret central police where he was held for one hour before being released on a Sh10,000 cash bail.
Speaking to the media outside the police station, Albert condemned the police action as he vowed to reclaim back the property from his stepmother.
"The officers have warned me that the Sh10,000 cash bail that secured my freedom was meant to ensure I keep the peace for the next seven months lest they come for me again should I venture back to the business premises to cause trouble for the tenants," added Albert.
Mzee Kibor died at 88 on March 16, 2022, at St Luke’s Hospital in Eldoret. According to the death certificate in court, the prominent politician-cum-farmer died of cardiorespiratory failure.
His remains were interred on April 1, 2022, next to his first wife, Mary, at his Kabenes home in Soy Sub County, Uasin Gishu County.
The late Kibor's family, including four widows and 29 siblings, are engaged in a fierce court battle over the will, which is said to bear the tycoon’s wishes in regard to sharing his multi-billion shillings’ estate.
Eunita, who is listed as one of the executors of the will, had moved to the court seeking to have it adopted, but all other family members objected to the will terming it a forgery.
This was after the court was told the deceased was mentally sound when he gave instructions on how he wanted his assets distributed among family members, churches, squatters, and persons he owed.
Lawyer Jonah Korir, who drafted the will, and is listed as an executor alongside Eunita, tabled the document before Justice Reuben Nyakundi of Eldoret High Court.
Korir claimed that months before Kibor's death, he called him for a meeting at his daughter's Elgon View residence on the outskirts of Eldoret town, where he gave him instructions to draft his will.
Korir dismissed claims by the objectors, including Kibor's second and third wives, that the deceased was sickly and not of his mind at the time the will was claimed to have been drafted.
"To the best of my knowledge, the late Kibor was of sound mind at the time the Will was drafted, and he could comprehend what he was doing.
He gave his instructions in the Nandi/Keiyo dialect, while I translated his wishes into English," said Korir.
He further told the court that the deceased's Will was executed on February 27, 2021, at Eldoret High Court's parking yard and witnessed by two lawyers Joseph Songok and David Korir.
Korir told the court how the late tycoon invited him to his rural home in Kabenes village in Soy Sub County, where he had hosted his close family members, relatives, friends, and church and political leaders.
