Eldoret Son Disowns Father, Declares Brotherhood for Sh500m Estate

The Eldoret court has settled a contentious inheritance case spanning over two decades.

The case centres on Jonah Rutto, a 52-year-old man who sought to inherit a portion of his late grandfather’s Sh500-million estate. Rutto’s claim was based on the assertion that he had been adopted by his grandfather Kireger Kutto which he argues entitles him to a direct share of the inheritance. However, Justice Reuben Nyakundi dismisses Rutto’s claims, citing insufficient evidence to support his alleged adoption. The court’s decision emphasizes that Rutto could not circumvent his biological father, Philip Kutto, to claim a share of his grandfather’s estate directly.

Justice Nyakundi clarifies that inheritance typically flows from father to son, stating, “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.”

The Kutto family, known for their extensive farming operations in Uasin Gishu County, has grappled with internal discord since the patriarch’s passing 19 years ago. In the absence of a will, the estate’s administration fell to Philip Kutto and his younger brother Daniel Kiplagat. The family’s substantial holdings, which include prime agricultural lands across Soy and Kesses sub-counties, have been a significant point of contention among potential heirs. Jonah Rutto’s case was further weakened by his father’s explicit denial of any adoption claims. Philip Kutto’s affidavit asserts that he had solely raised Jonah and that there was no legitimate basis for claiming adoption by the deceased.

The court has ultimately upheld this position, rejecting Jonah’s attempt to redefine his lineage. The case also involved Anne Chepkorir, who similarly claimed to be an adopted child of the late Kutto. Together with Rutto, she sought to revoke the grant of letters of administration to Philip and Kiplagat, accusing them of concealing crucial information to disinherit them. However, the court has found these allegations unsubstantiated and maintains the original administration.