Almost a decade after the death of former nominated MP Mark Too , a bitter succession dispute over his multi-billion-shilling estate has taken a fresh twist, with one of his widows petitioning the court to review the proposed distribution of the family's wealth.
Mary Too, the first wife of the late politician, on Tuesday urged the High Court in Eldoret to allocate her son, Moses Too, an additional 200 acres of land on top of the 170 acres already proposed, saying the current distribution was unfair.
Appearing before Justice John Chigiti, Ms Mary, who is in her 70s, said the extra acreage was necessary to ensure equity among all beneficiaries.
"I want my son Moses to be given an additional 200 acres in addition to his 170 acres so that he is treated equally with the other beneficiaries," she told the court.
The dispute centres on the estate of the former legislator, estimated to be worth about Sh7 billion, comprising 19 large farms in Uasin Gishu, Nandi, Nakuru and Trans Nzoia counties, motor vehicles and shares in blue-chip companies.
Too died on December 31, 2016, after suffering a cardiac arrest without leaving a written will, leaving the estate to be distributed under the Law of Succession Act.
Ms Mary accused her co-wife, Sophie Too, of taking the lion's share of the estate and expressed concern that parts of the property were being sold before the succession case was concluded.
She told the court that attempts to stop further sale of the land had failed after her application seeking to place restrictions on the properties was dismissed.
"I am in court to protect my late husband's estate for the benefit of my grandchildren. My attempt to stop the sale of portions of the land was unsuccessful after the court declined my application," she said.
Represented by Senior Counsel Tom Ojienda, Ms Sophie maintained that the proposed distribution was based on an agreement reached by both widows.
However, during cross-examination, Ms Mary acknowledged signing the distribution agreement but said she later withdrew her support because her concerns over fairness had not been addressed.
"Yes, I signed the document, but I no longer support it until my concerns about fair sharing are addressed," she testified.
Proceedings were briefly halted after Ms Mary complained that Prof Ojienda was badgering her with unnecessary questions. Justice Chigiti intervened and cautioned counsel against provoking the elderly witness before the hearing resumed.
The case has generated a series of legal battles since it was filed in 2017, including a paternity dispute involving children born outside the two marriages.
One of the claimants, Chepkoech Too, successfully sought recognition as the late politician's biological daughter after DNA tests conducted at the Kenya Medical Research Institute established that she and one of Too's acknowledged sons were half-siblings.
Following the forensic findings, the High Court declared her a lawful beneficiary of the estate after initially being excluded from the proposed distribution.
At least seven more witnesses are expected to testify, among them Moses Too, Jane Too, Chepkoech Too, Sophie Too, Sandra Too, Daniel Too and the late MP's brother, David Too.
The hearing on the application seeking a review of the distribution of the estate will continue on July 21.
