DNA Tests Resolve Decades-Ancient Inheritance Dispute in Kenya
A Kenyan court has officially recognised Chepkoech Too as the biological daughter of the late politician Mark Kiptarbei arap Too, following years of legal battles and DNA testing. The ruling, delivered by Justice Robert Wananda in Eldoret, paves the way for Chepkoech to participate in the distribution of her father’s vast estate, estimated at over KSh7 billion (approximately $54 million).
Legal Battle Spanning Nearly a Decade
Chepkoech’s fight for recognition began shortly after Mark Too’s death on December 31, 2016, when disputes arose regarding the beneficiaries of his estate. She maintained she had been wrongly excluded, prompting opposition from one of the late politician’s widows, Sophie Too, who argued Chepkoech was not known to the family.
Chepkoech argued that scientific testing was the only reliable way to resolve the paternity dispute, leading to a pivotal court order in September 2022. Justice Eric Ogola ruled that a sibling DNA test was necessary to establish the truth before the succession case could proceed. The judge noted Chepkoech had presented a birth certificate indicating Mark Too was her father, justifying the demand for testing.
Court Order Paved the Way for DNA Testing
The court directed several of the deceased’s known children to undergo DNA testing at the Kenya Medical Research Institute (KEMRI). Justice Ogola determined that exhuming the late politician’s body for testing was impractical given the time elapsed since his burial.
DNA Evidence Confirms Paternity
Forensic analysis at KEMRI confirmed that Chepkoech and Arafat Mohammed Bakari, a recognised son of the late politician, share the same father. This conclusive evidence led Justice Wananda to formally declare Chepkoech Too a biological daughter of Mark Too, granting her legal rights as a beneficiary of the estate.
Legacy of a Powerful Political Figure
Mark Kiptarbei arap Too was a prominent figure during the Daniel arap Moi administration, wielding considerable influence within the ruling KANU party. Although he never held elected office, he was nominated to Parliament and played a key role in Kenyan politics, notably creating an opportunity for Uhuru Kenyatta to enter Parliament.
A Vast Agricultural and Property Portfolio
Too amassed a substantial business empire centred on agriculture and real estate. His estate includes 19 farms across several Kenyan counties, along with tractors, trailers, vehicles, and shareholdings in various companies. He also owned prime residential properties in Nairobi, Nakuru, and Eldoret.
His business interests encompassed dairy farming, maize and wheat production, agribusiness, and property development.
Succession Proceedings Continue
Mark Too was survived by two widows, Mary Too and Sophie Too, who were jointly appointed administrators of the estate. Court records indicate he had several children from within his marriages and others born outside them. Although Chepkoech’s paternity has now been established, the overall distribution of the multibillion-shilling estate remains before the courts.
The Rise of DNA Evidence in Inheritance Disputes
This case highlights a growing trend: the increasing reliance on DNA evidence to resolve complex inheritance disputes. Historically, such cases relied heavily on documentation like birth certificates and witness testimonies, which could be contested or lost over time. DNA testing provides a definitive and scientifically sound method for establishing biological relationships.
Did you understand? DNA testing can now be conducted with remarkable speed and accuracy, making it a more accessible and reliable tool for resolving inheritance claims.
FAQ
Q: How long does DNA testing typically take?
A: The timeframe can vary, but results are generally available within a few weeks of sample collection.
Q: Is DNA evidence always admissible in court?
A: Generally, yes, provided the testing was conducted by an accredited laboratory and the chain of custody is properly maintained.
Q: What happens if DNA testing is inconclusive?
A: In rare cases, results may be inconclusive. Courts may then consider other evidence to reach a decision.
Pro Tip: If you are involved in an inheritance dispute, consult with an attorney experienced in estate litigation and DNA evidence.
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