A 52-year-old man, who wanted to be identified as a brother to his father and not his son, in a botched effort to claim a share of his grandfather’s Sh500-million estate, will not get a share after all, an Eldoret Court has ruled.
The High Court in Eldoret on Friday rejected claims by Jonah Rutto that he was adopted by his late grandfather, Kireger Kutto, and hence had a right to equally share the estate of the deceased with his biological father who he described as his “brother” and not his father.
Justice Reuben Nyakundi dealt a blow to Jonah, who wanted to be listed as one of the beneficiaries in the vast estate.
In his ruling, Justice Nyakundi observed that Jonah failed to prove that he was an adopted son of Mzee Kutto.
The verdict was a culmination of a two-decade dispute between Jonah and his biological father, Philip Kutto, over control of the old man’s estate.
Jonah, who has disowned his father, wanted a share of the deceased's estate, saying the grandfather adopted him in childhood and took care of him until he was an adult.
"You are not entitled to inherit the estate of your grandfather when your father is still alive. You can only get a share of the deceased's estate from your biological father," ruled Justice Nyakundi.
The judge dismissed the application by Jonah to be recognised as one of the beneficiaries of the late Kireger Kutto.
He further noted that Jonah's lineage flows from his father, and not from his late grandfather as he wants the court to believe.
"The fact that Johan Rutto grew up at the late Kireger's home does not grant him absolute rights to be enlisted as one of the beneficiaries of his estate," added the Judge.
The deceased, who was 99 years old and a prominent dairy and cereal farmer, died 19 years ago without a Will in Uasin Gishu County.
He left behind four widows Sarah, Rebecca, Mary, and Esther, and 27 children among them Philip Kutto, the eldest.
Philip and his young brother, Daniel Kiplagat, had been granted letters of administration to run and manage their late father’s estate.
Just when the two administrators were preparing to distribute the estate among the indicated beneficiaries, the matter took a new twist.
This was after Jonah, claiming to be the adopted son of the late Kireger, filed a petition in court seeking a share of the deceased’s estate as one of his sons.
He accused his biological father, Philip Kutto, of excluding him from the list of beneficiaries in the estate, which spreads across Soy and Kesses sub-counties.
In his application, Jonah compelled the court to revoke the grant of letters of administration to his father and younger brother until the matter is heard and determined.
According to Jonah, the administrators of his late father’s estate obtained partial confirmation of the grant through deliberate concealment of material facts of his existence.
Jonah, jointly with Anne Chepkorir, claimed in the court documents filed before Justice Nyakundi that he was entitled to 80 acres of agricultural land.
He stated that his grandfather died leaving behind adopted and biological children and that he was among the children the deceased took care of through his second wife Rebecca since childhood under the Nandi customary law.
Jonah further stated that his father died before effecting the transfer of the said portion of land to him.
“We have been illegally and maliciously excluded as beneficiaries in the estate of the deceased by virtue of being his adopted children,” he stated.
He faulted the administrators of the deceased’s estate for allegedly concealing material facts to the trial court with the intention of disinheriting them.
He also reiterated that unless appropriate orders were issued in the best interest of justice, they risked losing their only share of livelihood and investment.
But in his replying affidavit, Jonah’s father Philip said that to the best of his knowledge, the appellant was never one of the children of late Krieger Kutto, whether adopted or biological as alleged in the application he filed in court.
“The two are not entitled to any portion of the late father’s estate as they are neither children, beneficiaries nor dependents of the deceased. They have no rights to lay claim over the deceased estate,” argued Philip.
According to Philip, at no time did his son Jonah become an adopted child of the deceased as he alleges in his court documents.
“I raised Jonah until he attained the age of maturity. As for the second objector, she is unknown to me and my entire family,” he told the court.
