Eldoret court settles 12-year inheritance case involving three widows

The High Court in Eldoret has recognized the rights of two widows of the late senior Kenya Forest Service officer Elijah Murkomen Kitum, who had been previously disowned by their co-wife.

The court has directed that the multi-million estate left by Kitum be distributed equally among the widows and their children.

Justice Reuben Nyakundi's ruling brings to a conclusion a 12-year succession battle involving the late Kitum's first wife, Georginah Mbithe Kitum, and her co-wives, Novena Lagat and Lily Kanji.

Kitum tragically died in a road accident on February 8, 2013, while en route to his home in Eldoret, Uasin Gishu County.

Court documents acknowledged the three widows, their 10 children, and the deceased’s younger brother as beneficiaries of the estate.

“The court must grapple with the question of whether a man who fathers multiple children with different women over many years, providing financial support as evidenced by the documents presented by the 1st Objector (Lagat), can reasonably claim to have had no matrimonial intentions,” the ruling stated.

“The deceased's conduct in maintaining these relationships for approximately 17 and 15 years respectively, while also supporting the resulting children, creates a compelling factual basis that may satisfy the requirements for presumptive marriage before his formal civil marriage to the 1st Petitioner (Mbithe) in December 2001,” the court noted.

Kitum owned several prime plots in Eldoret City and its surroundings in Uasin Gishu County, as well as agricultural land in Trans Nzoia, Nakuru, and Elgeyo Marakwet counties.

He had various bank accounts, including pension funds and savings in savings and credit cooperatives, and held shares in blue-chip companies such as Kenya Commercial Bank, Cooperative Insurance Company of Kenya Limited, Blue Shield Insurance Company Limited, Kenya Airways, and KenGen.

In his verdict, Justice Nyakundi directed that the estate be equally divided among the 13 beneficiaries, with Stephen Kimosop, the deceased's younger brother, receiving a portion of the estate, accounting for properties jointly owned during Kitum’s lifetime.

The family reportedly reached an agreement after a mediation process.

Justice Nyakundi ruled that the first wife, Mbithe, would retain the matrimonial property identified as Eldoret Municipality/Block 9/1589, where she lived with the deceased.

The judge ordered the residential house, located on the outskirts of Eldoret City, to be registered in her name.

The second wife, Lagat, was allocated a parcel of land identified as Kiplombe/Kiplombe Block 9 (Marakwet Development)/266 as her matrimonial property, while the property identified as Trans Nzoia/Milimani/5490096 was directed to be transferred to Kanji.

Furthermore, the court ruled that the deceased's vehicle, with registration number KAS 149B (a Toyota pick-up), would remain under the name of Gemuk Enterprise Limited, which he co-owned with his first wife and eldest daughter, Beatrice Jeruto Kitum.

The judge further directed that all cash left behind by the deceased, including bank balances and accrued interest, should be withdrawn and distributed equally among the 10 children.

Regarding Uasin Gishu/Kimumu Scheme/1297, which is subject to ongoing litigation, its distribution shall be deferred until the existing case is resolved, the judge added.

Mbithe and Kimosop will also have equal access to rental income from rental properties in Eldoret City.

Justice Nyakundi instructed that once the matter is heard and resolved by the court, the property shall be distributed according to the principles outlined in this judgment under Section 40 of the Law of Succession Act.

He also directed the administrators of the deceased's estate to take all necessary steps to implement the distribution within six months from the date of the judgment, including transferring titles, liquidating assets, and equitably dividing proceeds.

"The court further directs that, in implementing this distribution, the administrators must be mindful of minimizing the fragmentation of assets where possible. With the consent of all beneficiaries, they may employ practical mechanisms such as sale and division of proceeds or compensation instead of physical division to achieve an equitable outcome that preserves the economic value of the assets," stated Justice Nyakundi in his ruling.

Lagat and Kanji had approached the court over a decade ago, claiming exclusion from the estate left by their late husband by his first wife.

Lagat, an employee of the Postal Corporation of Kenya, testified that she cohabited with the deceased as husband and wife in various workplaces, including the Timboroa area of Uasin Gishu and Bungoma County, where she is currently based.

She further stated that they were blessed with three children and expressed her willingness to undergo DNA tests to confirm paternity, as long as all the deceased's children, including those of Mbithe, and his first wife were included.