Georginah Mbithe Kitum (right), the first wife of the deceased, and her eldest daughter, Beatrice Kitum, outside the Eldoret High Court after the ruling in her succession case.
The High Court in Eldoret has resolved a 13-year inheritance dispute involving the three widows of a former senior Kenya Forest Service (KFS) officer, ordering they equally share his multi-million-shilling estate.
Justice Reuben Nyakundi ruled that the late Elijah Murkomen Kitum’s widow, Novena Jepkemoi, Lily Jeruto Kanji and Georginah Mbithe Kitum should share his vast estate equally.
The court also ordered that the ten children of the deceased be granted an equal share of the financial assets left behind.
Mr Kitum, who served as the KFS Zonal Manager for Teso Conservancy in Western Kenya, died in a road accident on February 8, 2013, on the Webuye–Eldoret highway while on his way to his home in Uasin Gishu County.
At the time of his death, he owned properties in Uasin Gishu, Trans Nzoia, Nakuru and Elgeyo Marakwet as well as multiple bank accounts, pension funds, sacco savings and shares in prominent companies including Kenya Commercial Bank, Cooperative Insurance Company of Kenya, Blue Shield Insurance, Kenya Airways and KenGen.
The dispute began when Ms Jepkemoi and Ms Kanji jointly moved to court, accusing Ms Kitum, the first wife, of excluding them from the succession process. They claimed they were also legally married to the deceased and were therefore rightful beneficiaries.
Georginah Mbithe Kitum (right), the first wife of the deceased, and her eldest daughter, Beatrice Kitum, outside the Eldoret High Court after the ruling in her succession case.
Ms Kitum, a senior civil servant, denied the claims, dismissing the other two women as strangers with no legitimate ties to the deceased or his estate. She argued that she was the only legal wife, having been married to Mr Kitum for over 25 years, and together they had four children.
“The two are total strangers to me and my family. For more than 25 years in my marriage, my late husband never introduced them or mentioned anything about these women purporting to be my co-wives,” Ms Kitum told the court.
However, the court found otherwise.
Documents and testimonies confirmed that all three women were in recognised unions with the deceased and were mothers to his 10 children. The judge ruled that they were all entitled to a share of his estate.
Ms Jepkemoi, who is an employee of the Postal Corporation of Kenya based in Bungoma, testified that she cohabited with the deceased at various workstations, including Timboroa in Uasin Gishu and Bungoma.
She said they had three children together and were living as husband and wife. She even offered to submit her children to a DNA test after Ms Kitum raised doubts about their paternity.
Ms Kanji told the court she met the deceased in 1998 and formalised their union in 1999. She said their marriage was blessed by both families and that they were blessed with two children. She further stated that the deceased provided for the family, paid rent and school fees and even started a salon business for her in Eldoret.
Justice Nyakundi ruled that all financial assets left behind by the deceased, including bank balances and accrued interest, be withdrawn and distributed equally among the children.
He also included a son the deceased had fathered through an extramarital relationship.
The judge further ordered that the late Kitum’s younger brother, Stephen Kimosop Kitum, be allocated a portion of the estate, having jointly owned some properties with the deceased.
He ruled that Ms Kitum would retain ownership of the Sh10 million property registered as Eldoret Municipality/Block9/1589, where she lived with her husband. The judge directed that the title be transferred to her name.
Ms Jepkemoi was allocated the Sh5 million parcel of land registered as Kiplombe/Kiplombe Block 9 (Marakwet Development)/266, which the court recognised as her matrimonial home. Ms Kanji was awarded the Sh6 million parcel of land identified as Trans Nzoia/Milimani/5490096, also considered her matrimonial home.
The court further ruled that the deceased’s vehicle, a Toyota pick-up registration number KAS 149B, remains under the ownership of Gemuk Enterprise Limited, a company he co-owned with Ms Kitum and their eldest daughter, Beatrice Jeruto Kitum.
However, the court deferred the distribution of another property, Uasin Gishu/Kimumu Scheme/1297, currently under litigation. Justice Nyakundi directed that the Sh5 million estate be distributed according to Section 40 of the Succession Act once the ongoing case is resolved.
Justice Nyakundi also gave clear timelines and procedures for the execution of his judgment. He directed the administrators of the estate to begin implementation within six months of the ruling, including the transfer of titles, liquidation of financial assets and equitable division of proceeds among beneficiaries.
“The court further directs that in implementing this distribution, the administrators shall be mindful of the need to minimise fragmentation of assets where possible.
“With the consent of all beneficiaries, they may employ practical mechanisms such as sale and division of proceeds or compensation instead of physical division, to preserve the economic value of the assets,” ruled Justice Nyakundi.
