By Robert Mutasi 
White smoke finally billowed at the Eldoret High Court on Tuesday, signaling the end of a 10-year inheritance war over the multi-billion-shilling estate of the late former nominated Member of Parliament Mark Too.
After years of acrimonious litigation that pitted family members against each other, the two widows of the influential Kanu-era politician – Mary Too and Sophie Too – alongside their ten children, resolved to settle the matter amicably and signed a consent agreement on how the estimated Sh10 billion estate will be shared.
The consent was recorded before Justice John Chigiti, who adopted it as a final court order, effectively closing one of the longest-running succession cases in the North Rift region.
The breakthrough came barely two weeks after the full hearing commenced, with the family opting for mediation to avoid a protracted trial.
Kisumu Senator Tom Ojienda, who was part of the legal team leading mediation, announced the settlement to a packed courtroom.
“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 told the court.
The late Mark Too, widely known as Bwana Dawa due to his interests in the pharmaceutical sector and his political influence during President Daniel arap Moi’s regime, died on December 31, 2016, leaving behind a vast empire.
His estate includes more than 7,000 acres of prime land spread across Uasin Gishu, Nandi and Trans Nzoia counties, high-value urban plots, residential homes and other investments.
Drama briefly unfolded during the consent process after one beneficiary, Jepkoech Too, initially refused to sign the agreement despite an offer of 100 acres and other benefits. Her advocate, Diana Mukusa, maintained that no valid consent could be entered without her inclusion.
“There can be no consent without her,” Mukusa argued.
Following intervention by Senior Counsel Fred Ngatia and Senator Ojienda, Justice Chigiti allowed the family an extra hour to iron out the remaining differences. The family returned with a unanimous position.
The judge, after confirming concurrence from more than ten lawyers representing different parties, lauded the family for choosing unity over conflict.
“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,” Justice Chigiti remarked.