The High Court in Eldoret has ruled that Chepkoech is a daughter of a former KANU-era nominated Member of Parliament after DNA tests confirmed her paternity, ending a long-running dispute over her right to inherit from the influential Rift Valley politician.
The decision allows her to take part in the distribution of an estate estimated at more than KSh7 billion (about $54 million).
Justice Robert Wananda issued the ruling after forensic tests confirmed that Chepkoech shares the same father as Arafat Mohammed Bakari, a recognised son of the late politician.
Legal battle spanning nearly a decade
Chepkoech’s legal fight began shortly after the death of Mark Too on December 31, 2016, when disputes emerged over the beneficiaries of his estate.
During the succession proceedings, Chepkoech maintained that she had been excluded from the list of beneficiaries despite being a daughter of the deceased.
One of the late politician’s widows, Sophie Too, opposed the claim and argued that Chepkoech was not known to the family and therefore should not be included in the distribution of the estate.
Chepkoech subsequently sought court intervention, arguing that scientific testing was the only reliable means of resolving the dispute over her paternity.
Court order that paved the way for DNA testing
A critical development occurred in September 2022, when the High Court ordered DNA testing involving the known children of the late politician, according to a report by People Daily at the time.
Justice Eric Ogola ruled that a sibling DNA test was necessary to establish the truth of the paternity claim before the succession case could proceed.
In his ruling, the judge noted that Chepkoech had presented a birth certificate indicating that the deceased was her father, and therefore had demonstrated sufficient grounds to warrant the DNA testing.
“I have perused the pleadings and note that the applicant produced a birth certificate as evidence that the deceased was her father… I find and hold the applicant has established a nexus to warrant the orders for a sibling DNA test,” Justice Ogola stated.
The court directed several of the deceased’s known children to present themselves at the Kenya Medical Research Institute (KEMRI) so that their DNA could be compared with Chepkoech’s samples.
Justice Ogola also noted that exhuming the late politician’s body for testing was not practical given the time that had elapsed since his burial.
DNA evidence confirms paternity
The forensic analysis was subsequently conducted at KEMRI, where Chepkoech’s DNA was compared with that of Arafat Mohammed Bakari, one of the recognised sons of the late politician.
The results confirmed that the two share the same father and are biological half-siblings born to different mothers.
Based on the findings, Justice Wananda formally declared Chepkoech Too a biological daughter of the deceased, granting her legal recognition as a beneficiary of the estate.
Legacy of a powerful political figure
Mark Kiptarbei arap Too was widely regarded as an influential political figure during the Daniel arap Moi administration.
Although he did not build a career as an elected politician, he wielded considerable influence within the ruling KANU party and was later nominated to Parliament.
Too also played a notable role in Kenya’s political history when he stepped aside from his nominated parliamentary seat, creating room for Uhuru Kenyatta to enter Parliament, an early move that helped launch Kenyatta’s national political career.
A vast agricultural and property portfolio
Beyond politics, Too built a substantial business empire centred on agriculture and real estate.
Court records indicate that his estate includes 19 farms located in Uasin Gishu, Nakuru, Nandi and Trans Nzoia counties, as well as tractors, trailers, vehicles and shareholdings in several companies.
He also owned prime residential properties in Nairobi, Nakuru and Eldoret, including homes in the Lavington and Muthaiga neighbourhoods of Nairobi.
His business interests included large-scale dairy farming, maize and wheat production, agribusiness and property development.
Succession proceedings continue
Following his death in 2016, Too was survived by two widows, Mary Too and Sophie Too, who were appointed joint administrators of the estate.
Court records indicate that he had several children within his marriages as well as others born outside them.
While the latest ruling resolves the question of Chepkoech’s paternity, the broader process of distributing the multibillion-shilling estate among the recognised beneficiaries remains before the courts.
For Chepkoech Too, however, the decision marks the end of a prolonged legal struggle for recognition and establishes her legal right to participate in the inheritance of one of Kenya’s most prominent political estates.
