By E, KNA
The family of a Nandi tycoon, Benard Kimurei Chirchir’s is embroiled in a legal tussle over the execution of his will that gave more rights to his daughters than his sons.
His two sons now want the court to stop their five sisters from acting as executors of their father’s two wills at the centre of controversy.
The eldest son and his young brother have put the brakes on their five sisters over the distribution of their late father’s vast estate spread in Nandi and Uasin Gishu counties.
The astute businessman cum maize and tea farmer who died on July 17, 2023, at St. Luke’s Hospital in Eldoret City, left behind assets estimated to be worth over Sh300 million.
He was married to one wife, Divine Chemutai Chirhcir and had seven children.
The deceased owned several parcels of agricultural land under tea, maize and dairy cows, commercial buildings and plots which are yet to be shared among the beneficiaries since his demise due to the ongoing succession case.
Alfred Kipkosgei Murei and Flicky Kiprotich have filed a petition before Eldoret High Court Judge Reuben Nyakundi under certificate of urgency, compelling the court to grant them leave to subject the disputed wills that were deposited in court on October 4, 2023, to the Directorate of Criminal Investigations in Nairobi for comparative and forensic analysis by a private document examiner.
They want the Judge to issue orders directing the Deputy Registrar of the High Court to supply them with certified copies of both wills.
The two objectors argue that the purported original will that was brought before the Deputy High Court Registrar by his sisters, Basilisa Rono, Emily Chirchir, Collete Chirchir, Agnes Chirchir and Ruth Chirchir was different and at variance with the will annexed to the petition filed by the executors on October 4, last year.
“As it stands, there is a contention as to which will is the original and whether there exist two wills about the estate of the late father,” argued Murei in his court documents.
According to Murei, it would be prudent to subject both documents to forensic analysis so that an expert report can be prepared to establish whether both wills vary and confirm whether there are two wills to the estate of the deceased.
He added: “We thus humbly pray that this application be certified as urgent and direction be issued ex parte”.
The two brothers are presented in the succession case by Nairobi-based lawyer Karwanda and Associates, while Eldoret-based lawyer Richard Kamau is acting for the petitioners in the matter.
The deceased is said to have entrusted his multi-million shillings wealth to his daughters at the expense of his sons, in a will he allegedly left behind that the duo have now contested in court.
The objectors aver that the will which their sisters used to give themselves powers to run and manage the estate of the deceased was forged, noting that it was not authored by him.
The will, which is currently at the centre of the succession fight in court, expresses how the deceased wanted his wealth shared among the family he left behind.
However, Murei and Kiprotich have accused their sisters of allegedly forging the will to get the lion’s share of the vast estate and want the court to subject the two wills to a forensic audit.
“Our late father did not entrust his will to our sisters as purported. He passed away, leaving his property intestate, contrary to claims that he had left behind a will in favour of our sisters,” emphasized the two brothers.
According to Murei, the validity of the will dated November 27, 2020, purporting to have been written by the deceased was procured through fraud and coercion.
But in their quick rejoinder, the deceased’s daughters, led by Ms Emily Chirchir, dismissed as untrue claims by their brothers that the deceased died without leaving behind a will.
They insist that the deceased left behind a will showing how he wanted his properties shared among his family.
She pointed out that the deceased had full mental capacity and was of sound mind by the time he was writing his will.
She further told the court that, contrary to claims by her brothers that their father was illiterate, he was a literate person in both written and spoken English.
“Throughout his life, our father demonstrated a clear ability to comprehend and communicate effectively in English, having handled numerous contracts and financial and legal documents without any need for interpretation or assistance in understanding the language,’’ averred Chirchir.
Justice Nyakundi is set to make a ruling on the application on November 28, 2025.
