In a dramatic turn of events at the High Court in Eldoret, an 84-year-old man has successfully defended his position as the legal administrator of his late father’s sprawling Sh500 million estate, following a challenge from his own biological son.
Justice Reuben Nyakundi, presiding over the case, ruled against Jonah Rutto, who had petitioned to be recognized as an adopted son and co-administrator of the estate of the late Mzee Kireger Kutto. The judge found Rutto’s claims lacking in merit and dismissed his application, effectively bringing to a close a long-standing and emotional family dispute.
Background of the Case
Mzee Kutto, a well-known cereal farmer in Uasin Gishu County, passed away 19 years ago, leaving behind a vast estate spread across Burnt Forest, Ziwa, and Sergoit. He was survived by four widows and 27 children.
Rutto claimed that he was raised by Kutto’s second widow, Rebecca, and that she had adopted him as her own son. He told the court that the deceased had promised him 80 acres of land and accused the administrators of the estate of deliberately leaving him out of the succession plan.
Shockingly, Rutto even went so far as to deny that Philip Kutto, the current administrator and his biological father, was related to him, instead calling him a “brother.”
Court Finds No Evidence of Adoption or Bias
Philip Kutto, however, firmly denied these claims, testifying that Jonah Rutto is his biological son and was never adopted by Mzee Kutto. He also pointed out that Rebecca had no adopted children, a fact confirmed during her funeral, where neither Rutto nor his co-applicant, Anne Chepkorir, were mentioned in any eulogies.
Justice Nyakundi upheld these facts and also rejected Rutto’s plea for the judge’s recusal, noting that the issues raised had already been dealt with in previous rulings. He concluded that Rutto failed to prove any form of judicial bias.
Final Verdict and Legal Costs
The court not only dismissed Rutto’s application to join as co-administrator but also ordered him to bear the full legal costs of the suit.
With this ruling, the administration of the late Mzee Kutto’s estate remains solely in the hands of his son, Philip Kutto, marking the end of a deeply personal and high-stakes succession dispute within the Kutto family.
