The legal battle over the management and distribution of the estimated Sh7 billion estate left behind by former nominated Member of Parliament Mark Too has resumed at the Eldoret High Court, with his widows continuing to contest the sharing formula.
The late KANU-era politician’s widows, Mary Too and Sophie Too, appeared before High Court Judge John Chigit on Wednesday as the succession case entered another stage of hearing.
Mary, 70, accused her co-wife of allegedly attempting to deny her an equal share of the expansive estate spread across parts of the Rift Valley and Nairobi.
She told the court that Sophie had sold part of the prime property belonging to their late husband without involving her, despite the two being joint administrators of the estate.
“Your Lordship, I am disturbed by my co-wife’s decision to sell part of the prime land that was left behind by our late husband,” Mary alleged.
She said her attempts to safeguard the estate by placing a caveat against further transactions had been unsuccessful after her application seeking to stop the sale of portions of the property was declined by the court.
“I am in this court to protect the estate of my late husband as heritage to my grandchildren. My effort to put a caveat on irregular sale of portions of the land was thwarted by this court when my application to stop it was declined,” she said.
The court heard that the two widows had failed to reach an agreement on the distribution of the property despite an earlier directive by the court allowing them to pursue mediation seven months ago.
Mary told the court that she was seeking an additional 200 acres of land on top of what had already been allocated to her and her children, arguing that the request was necessary to ensure fairness in the distribution of the estate.
“For equity and fairness in distribution of the expansive estate left behind by Too, I have insisted on 200 acres of land to be added to the property that has been set aside for my family,” she told the court.
In response, Sophie, who was represented by Senior Counsel Tom Ojienda, maintained that the estate had already been distributed according to a mutual agreement reached between the two widows.
The court heard that although Mary had signed the estate-sharing agreement, she later withdrew her support for the document, citing concerns over fairness.
“True, I did sign the said document. However, I have since disowned the document until my concerns of fair sharing are properly addressed,” Mary told the court during cross-examination by Ojienda, who is also Kisumu Senator.
The court has scheduled the hearing on the review of the estate distribution for July 21, 2026, with seven additional witnesses expected to testify.
The dispute over the late politician’s wealth has continued for years following his death intestate, meaning he died without leaving a written will.
Mark Too died on December 31, 2016, following a sudden cardiac arrest, leaving behind a vast property portfolio that includes more than 6,000 acres of agricultural land spread across Uasin Gishu, Nakuru, Nandi and Trans Nzoia counties.
The estate also comprises several vehicles and shares in major companies, which are subject to distribution under succession laws governing estates where no will exists.
The succession case was filed in 2017 and has remained unresolved amid disagreements among beneficiaries over the management and sharing of the property.
By Maurice Aluda
