Former Keiyo North MP James Murgor and his brothers have suffered a blow in the fight for their late father’s Sh2 billion estate after the High Court in Eldoret granted an equal share to all 35 beneficiaries of the estate.
Their father, William Murgor, was a prominent Kalenjin politician and also a former MP of Kerio Central.
The High Court sitting in Eldoret nullified grant letters allowing Mr Murgor to administer and distribute the Sh2 billion worth of estate that was left behind by his father in a dispute involving his siblings.
The ruling was a major victory for the Murgor daughters, who claimed to have been excluded in the sharing of their father's estate after 12 years of a court battle pitting them against their elder brother ( Dr Murgor), whom they accused of using a forged will.
The former MP’s sisters had filed a suit against their elder brother accusing him of forging a will and awarding himself the lion's share of the estate, on grounds that the Keiyo culture does not acknowledge women as equal heirs with their brothers.
Senior Murgor, who was a renowned politician and long-serving lawmaker representing the then Kerio Central during the Kanu era regime, died in 2006 aged 87.
According to documents presented in court, the MP succumbed to Alzheimer's. He was married to five wives: Soti, Rosa Kimoi, Rosaline, Anne, and Philomena.
In the matter, Dr Murgor’s brothers, Francis Murgor, Collins Murgor, the late Mathew Murgor and Lawrence Murgor, who had all allocated themselves 50 acres of prime land, have been instructed to return the same to the estate for fresh distribution.
The properties at the centre of the court battle are located in Uasin Gishu and Elgeyo Marakwet counties, with the most contested being an Sh400 million prime parcel of land along Eldoret-Iten Road.
In the ruling delivered by Justice Robert Wananda, the court identified 35 genuine beneficiaries of the estate and directed that all the said properties shall be valued by a professional valuer to be appointed by the administrators, within a period of 30 days from the date of the ruling, and sold off at the prevailing market rates and upon payment of verified liabilities.
In his judgment, Justice Wananda ruled that the proceeds should be distributed equally amongst all the said 35 beneficiaries.
The court ruling pegged on the findings that the will used in sharing the multi-million estate in the form of a notebook that was relied on by estate administrators was not valid and that the law on succession mandates equal distribution of the estate of the deceased without discrimination when there is no valid will.
Enid Murgor and her sister Sheila Murgor, among other disgruntled beneficiaries of the estate through their lawyers Philip Murgor, a former Director of Public Prosecutions (DPP) and Aseso Omollo had moved to court challenging distribution of the estate, accusing their elder brother and other beneficiaries of sidelining them in the sharing of the estate as equal beneficiaries.
Enid, who is the main objector in the matter, and her sister Sheila, filed an application challenging the whole process of estate distribution by original administrators of the estate, who included Francis Murgor and Chemutai Murgor- together with Dr Murgor, the former MP, argued that they relied on a will comprising handwritten notebook, which was challenged by the objectors.
In her affidavit, Enid told the court some family members had been excluded in the sharing of the estate, yet had a right to benefit. She questioned the validity of the documents used to apportion the vast estate, claiming that her late father's widows, daughters, and two sons were left out in the sharing of the estate.
On the other hand, her sister Sheila in her sworn affidavit brought to the attention of the court the Succession Act, specifically Section 40, which sets out the formula for distribution of estate property in a polygamous setting.
Expert document examiner Emmanuel Kenga Karisa, who was called to testify in the case, termed the documents as fake and told the court that the signature of the deceased MP was not consistent.
In his testimony-in-chief, before then Presiding Judge Hellen Omondi, who is now serving as Court of Appeal Judge, the document examiner told the court that the signatures on some transfer documents were different and hence not consistent.
Mr Karisa told the court that the documents used to share out the vast estate spread in Elgeyo Marakwet and Uasin Gishu counties that was left behind by Senior Murgor may have been forged.
The court heard that family meeting minutes presented in court indicated that Dr Murgor used to chair family meetings as the eldest son at his Kapkoi farm in Keiyo North where matters of sharing the estate were discussed.
In his defence, the former MP claimed in court that some of the objectors were not biological sons of the deceased and argued that the Keiyo culture does not acknowledge women in the sharing of family estate.
He defended the disputed will saying it was genuine and expressed the wish of the deceased on how he wanted the estate to be shared among the beneficiaries.
Ironically the former MP denied that as the eldest son, he was head of the family, causing laughter when he said he was only the head of his family including his children, wife, and mother.
“I have never been the head of my father’s family at any time. My father was the head of his own family,” the MP told the court.
While delivering the judgment, Justice Wananda who based his ruling on the affidavit of Sheila and Enid, among beneficiaries who had been sidelined ordered that the identified as beneficiaries of the estate of the deceased were 35.
“All 35 beneficiaries of the estate the deceased have who been identified through the Affidavit sworn by Sheila Murgor on 19/09/2023 are recognized as genuine beneficiaries who should equally share the estate of the deceased as genuine beneficiaries,” ordered Justice Ananda.
The court did not, however, identify some of the movable and immovable properties in the estate.
The properties that were identified by the court for equitable sharing included commercial land in Eldoret City and Iten Town in Elgeyo Marakwet County.
The court directed for evaluation of the said properties by a Professional Valuer to be appointed by the Administrators before being sold off at a prevailing market rate and upon payment of verified liabilities, the proceeds thereof shall be distributed equally amongst all the said 35 beneficiaries.
However, the court directed beneficiaries who claimed to have all along been in possession or occupation of the said properties to be given first priority to offset the respective properties from the net values of their pro rata respective shares of the estate and should they satisfactorily exercise this option, then in that case, they shall retain the respective properties as owners and the same shall not, therefore, be sold off.
Among the properties that were exempted from direct disposal included Eldoret Municipality Block 4/83 claimed by Thomas K. Murgor and Eldoret Municipality Block 4/84 claimed by James K. Murgor.
Other properties included land known as Uasin Gishu/Kaptagat Scheme/416 claimed by Francis Maina Murgor, Uasin Gishu/Kaptagat/417 claimed by Collins Kipkoech Murgor, Kapkoi Centre Plot, claimed by the estate of Mathew Kipruto Murgor,34 acres of Sergoit/Koiwoptaoi Block 8/10 claimed James K. Murgor.
The court further directed that any other beneficiary, who may wish to inherit any other specific property of the estate that was not included in equitable sharing, shall also be at liberty to give notification to that effect to the Administrators within 30 days to be given priority of acquisition.
Justice Wananda directed administrators to update the court on the progress of implementation of the orders as he ordered that the court shall be compelled to make further orders in relation to emerging issues on the same.
The orders were issued to Philip Murgor Enid Murgor (Objector/2nd Administrator, James Murgor (a beneficiary), Francis Murgor (1st Petitioner/1st Administrator), Sheila Murgor (3rd Administrator) and Chemutai Murgor (2nd Petitioner/Former Administrator) on behalf of other parties through their lawyers.
