Judge dismisses second wife's multi-billion shilling will of Kibor Talai as forgery

The High Court in Eldoret has dismissed a contested will purportedly written by colonial-era paramount chief Kibor arap Talai.

Irene Japtanui, Talai's second wife, had used the will to claim a large portion of the deceased estate, which is estimated to be worth Sh3 billion.

Justice Reuben Nyakundi declared the purported will, dated February 13, 2006, null and void following a forensic document examiner's report dated November 24, 2025.

The report determined that the signatures on the will did not match the authenticated signatures of the deceased.

“I want to bring to your attention that the court noted the document examiner from the Directorate of Criminal Investigation (DCI) Headquarters, Kiambu Road, Nairobi, Chief Inspector Daniel Gutu, who is now retired, indicated that his testimony was not challenged through cross-examination by the objectors, leaving this expert evidence uncontroverted,” said Justice Nyakundi.

He continued, “Believe me or not, with the information I have gathered, the forensic document examiner with the DCI testified that after examining the signatures on the will against known signatures of the deceased, it was his professional opinion that the signatures were made by different authors, meaning Kibor arap Talai did not sign the will in question, and I am convinced the facts remain as they are.”

Justice Nyakundi further established that according to the document, Tapyotin Kibor, the deceased's first wife, worked alongside him between 1947 and 1981, adding that during that period, they acquired most of the properties that now form the vast estate.

Talai died on August 2, 2012, and was survived by two wives.

Tapyotin, his first wife—now deceased—was married in 1947, and they had five children together. Irene Japtanui, the second wife at the centre of the contested will, has three children.

Talai left behind a multi-billion shilling estate spread across Uasin Gishu and Elgeyo Marakwet counties, comprising vast agricultural lands, commercial properties, motor vehicles, farm equipment, and financial assets.

Before making his ruling on the matter, the judge revealed that the second wife had married the deceased in 1987, after most properties had already been acquired, making her claims more contradictory.

The court's ruling stems from a two-decade case filed by the deceased's first wife, who passed away six years ago, challenging the validity of the will that her co-wife used to allocate herself more wealth at the expense of other beneficiaries.

She requested the court to subject the will to forensic document examination at the DCI headquarters in Nairobi to determine its validity, terming the document a forgery.

Following his demise, Nancy Talai, the daughter, took over the case and told the court that her father was a teacher before becoming a paramount chief.

She explained that her mother worked as a cook at the same college where their father taught, in Elgeyo Marakwet County.

Nancy, who retired from public service two years ago, convinced the court that her father was ailing and not mentally fit to have written the purported will, as claimed by her stepmother.

In her testimony before the judge, Japtanui argued that the will left by her late husband was valid, contrary to her stepchildren’s claims of forgery.

She objected to her accusers' request for the will to undergo forensic examination, stating that doing so would deny her what she believed were her rightful shares of the multi-billion shilling estate, arguing that the land issue was being agitated by internal family forces.

According to Japtanui, her husband was mentally sound when he gave her instructions on how he wanted his estate distributed among family members.

“Your Honor, this issue should be made clear to the family that the deceased had offered me the prime land adjacent to Moi University, upon which several commercial business premises stand. I want to state, without contradiction, that I will not allow any attempt to share it with anyone,” she said.

Justice Nyakundi directed the parties to submit a comprehensive proposal for distributing the deceased’s vast estate among the beneficiaries within fourteen days before making his final decision.

“I pray that everything will go well because this is a matter involving family, one blood. That is why I have instructed all parties to agree or file a proposed mode of distribution of the late Kibor arap Talai’s estate details, including the exact acreage, identification of current occupants, and duration of such occupancy. This must be done within fourteen days from now,” he ruled.

The matter is set to be mentioned on October 2, 2025, to confirm compliance and address any other emerging developments.