Justice Nyakundi dismisses application to recuse himself from Ksh.500M property dispute

This was after Justice Reuben Nyakundi sitting in Eldoret dismissed an application by Jonah Rutto where he had sought prayers to be included as an administrator in the deceased's estate alongside his father Philip Kutto.

Jonah was dealt yet another blow after Justice Nyakundi dismissed his second application asking the Judge  to recuse from handling the matter arguing that he had lost confidence and faith in his court.

In his verdict, Justice Nyakundi said that he found no substantial grounds warranting his recusal from the matter adding that the objector had failed to demonstrate any bias or prejudice that would impair his ability to adjudicate the cause fairly.

Justice Nyakundi further directed that the costs of both applications be borne by Jonah.

Jonah, who has disowned his father and refers to him as a brother, wanted the court to give him equal rights with his father to run and manage the estate of his grandfather who died 19 years ago.

He claimed that his grandfather, who was barren, adopted him and Anne Chepkorir when they were still young.

Mzee Kutto who was a prominent cereal farmer in Uasin Gishu county died aged 99 and was survived by four widows- Sarah, Rebecca, Mary and Esther and 27 children.

In his court papers, Jonah has accused his father of sidelining him in the distribution of the multi-million estate despite being one of the beneficiaries by virtue of being an adopted son to the second widow.

Philip and his young brother Daniel Kiplagat had been granted letters of administration to the estate of their late father.

However, Jonah, together with a woman identified as Anne Chepkorir, claimed that he is entitled to 80 acres of land that form part of the deceased's multi-million shillings estate.

According to Jonah, he is among the children the deceased took care of through his second wife, Rebecca, since childhood.

Jonah further explained that the second widow (Rebecca) was not blessed with children and his late 'father' who died before effecting transfer of the said portion of land to him had adopted him.

Jonah accused the administrators among them his biological father of concealing material facts to the trial court to disinherit them.

During the trial, Jonah has asked the court to consider his petition and issue appropriate orders, arguing that he risks losing their only share of livelihood and investment.

However, Philip argued that to the best of his knowledge, the appellant was never one of the children of late Kutto, whether adopted or biological, as alleged in the application filed in court.

He told the court that Jonah was his son and Chepkorir was a stranger to them.

He averred that the two have no right to lay claim on the estate of the deceased who was his father.

Philip informed the court that at no time did his son become an adopted child of the deceased, as he alleges in his court documents.

Philip, who is the elder son of the deceased, said that his stepmother, Rebecca, only had one child, Sarah Chemeli, and at no time did he see her stay with an adopted child.