White smoke as Mark Too's widows end 10-year Sh10 billion inheritance battle

The breakthrough came at the High Court in Eldoret, where the family signed a consent on the distribution of the vast estate before Justice John Chigiti, bringing to a close a succession dispute that had threatened to divide the family permanently.

The agreement was reached through mediation just two weeks after the hearing of the case began.

After nearly a decade of court battles, family wrangles and failed mediation attempts, the two widows and children of former nominated MP Mark Too have finally ended the bitter fight over his estimated Sh10 billion estate.

Announcing the breakthrough, lawyer and Kisumu Senator Tom Ojienda told the court the family had finally found common ground.

"Your honour, I have great news. There is white smoke. A lot of white smoke indeed. We have had family meetings on this matter, and we have reached consent which we want the court to adopt as settlement," Ojienda said.

Too, a powerful politician during the Kanu era, popularly known as Bwana Dawa, died on December 31, 2016, leaving behind two widows, Mary and Sophie, and 10 children.

His estate includes more than 7,000 acres of land, much of it in Eldoret, as well as property in Nandi and Trans Nzoia counties and other areas.

The settlement was briefly delayed after one of the beneficiaries, Jepkoech Too, declined to sign the consent despite being offered 100 acres of land and other benefits.

Her lawyer, Diana Mukusa, told the court there could be no agreement without her client's approval.

"There can be no consent without her," Mukusa said.

Senior Counsel Fred Ngatia and Ojienda intervened, successfully persuading the court to grant the family an extra hour to continue negotiations.

When proceedings resumed, the family informed the court that a final agreement had been reached.

Justice Chigiti sought confirmation from the more than 10 lawyers representing the parties, all of whom endorsed the consent.

"I want to thank the family for saving the court's time and reaching an agreement that settles this matter. This is very good for the unity of the family. Had you not done so, the spirit of the late Mark Too would have wondered where you were heading with such a dispute," the judge said.

He adopted the consent as a court order, formally ending the succession case.

"If there is no one with any other issue to say on this matter, then may you keep quiet forever," Justice Chigiti remarked, drawing laughter in the courtroom.

Emotions ran high as Mary and Sophie embraced each other, joined by other family members in celebrations marking the end of the long-running dispute.

"It has been a long 10 years, and we are happy that the dispute has ended well," Ojienda said.

Outside the courtroom, relatives hugged and celebrated what they described as a new chapter for the family.

Mary Too said she hoped the agreement would strengthen family unity.

"We are so happy. May everybody be blessed, and may God give us strength to work harder for our grandchildren and great-grandchildren. We love everyone, and even the media, we thank you for telling our story and helping us to resolve it," she said.

Sophie Too described the settlement as a relief after years of uncertainty and urged family members to grow the wealth left behind by the late politician.

"It has not been easy. This has taken more than eight years, but we are happy. Your father worked hard to build this wealth, and now that it has been placed in your hands, use it well and with blessings," she said