A fresh legal battle has erupted over the estate of the late President Daniel arap Moi’s son, Jonathan Kipkemboi Moi, with a demand that all 19 individuals listed as beneficiaries undergo DNA testing.
Appearing before High Court Judge Eric Ogola, Jonathan’s first wife, Sylvia, and their son, Clint Kiprono, urged the court to set aside an order issued in August 2023 that recognised the 19 individuals as rightful beneficiaries of Jonathan’s estate.
Sylvia and Clint argued that DNA testing is necessary to confirm the beneficiaries' blood ties to the late President Moi.
According to Clint, the former Head of State made it clear in his will that only his direct bloodline should inherit his multi-billion shilling estate.
In his will confirmed by the court on Wednesday, President Moi allocated 20 percent stakes in each of four properties and two bank accounts to his five sons, Jonathan, Raymond, Gideon, Philip and John Mark.
In the event of any son’s death, the former President directed that the deceased son’s share should go to his “progeny.”
“It is thus imperative that the legitimate heirs to all the properties available for distribution be ascertained. The administratrix of the Estate of the Late Daniel Toroitich arap Moi will not be able to distribute rightful inheritance if the progenies are not verified,” Clint said in court.
Clint further stated that he was not present during the mediation process that led to the list of beneficiaries. He claimed the process was concluded based on a majority vote and that some of the individuals listed as Jonathan’s children were unfamiliar to the family.
However, other beneficiaries opposed the application, arguing that the list of heirs was agreed upon by all parties and was formally adopted by Justice Maureen Odera on August 4, 2023.
Lawyers Duncan Okatch and Pearlyne Omamo, representing some of the beneficiaries, said the DNA demand was discriminatory and baseless. Ms Omamo acknowledged that four of the listed children were not Jonathan’s biological offspring but said he supported them financially during his lifetime.
She added that one of the beneficiaries, a minor, is battling stage two cancer and requires urgent medical treatment.
The lawyer proposed the opening of a joint bank account through which funds from the senior Moi’s estate could be channelled to meet urgent needs such as medical care and education for the beneficiaries.
“The beneficiaries agreed that the estate should cater for urgent medical and education costs for any of the 19 beneficiaries,” said Ms Omamo.
In an affidavit, Fredrick Kibichii—one of the beneficiaries—described the application as discriminatory, divisive and without merit.
He pointed out that the partial mediation agreement was formally recorded in court by all lawyers representing the four households, including Sylvia and Clint’s legal team.
Mr Kibichii emphasised that in the spirit of compromise, all parties had dropped initial claims and settled on the 19 beneficiaries in a process that was amicably concluded during mediation.
“There was no misrepresentation or mistake regarding the 19 persons listed. The applicant is stopped from reopening matters that were previously and mutually resolved,” he stated.
He added that the fresh application was likely to derail the estate’s distribution and affect vulnerable beneficiaries, including the sick minors who are in urgent need of financial assistance.
A court-appointed mediator held several meetings with Jonathan’s family members between March 31 and April 18, 2023, ultimately identifying 19 individuals as beneficiaries.
For fairness, Justice Odera ordered that each of Jonathan’s four households be represented among the estate’s administrators.
Sylvia’s household was allowed to choose either Clint or her as a representative. Beatrice Moi selected her daughter, April Moi, as the representative for her household. Ashney Mary was picked for the third house, while Mr Fredrick Kibichii was chosen for the fourth.
In addition to the DNA request, another pending application seeks to determine the legal spouses of Jonathan Moi, adding another layer of complexity to the ongoing succession case.
