Eldoret, Kenya – A dispute has erupted over Sh25 million arising from a succession case involving the family of the late Uasin Gishu businessman, Jan Chris Esselink, and prominent lawyer Henry Kenei, who also serves as the Law Society of Kenya (LSK) North Rift Branch chairman.
The conflict stems from a court-ordered release of Sh30 million from the deceased’s bank account in 2022, intended to support the family and manage estate expenses. The money was released through Kenei’s law firm, Kenei & Associates, following a directive issued by Justice Eric Ogola, then presiding over the succession matter and now the Principal Judge of the High Court.
While the court had authorised the funds to be accessed and used “to defray the expenses of the estate and to safeguard the livelihood” of the beneficiaries, only Sh5 million was reportedly utilised for that purpose. The family claims the remaining Sh25 million is still unaccounted for and is still in the possession of Mr Kenei under unclear circumstances.
The deceased’s children, Bill Esselink and Jackline Chemutai John, have since filed an application in the Eldoret High Court seeking to have the funds released to two independent law firms, Terer Kibii & Company Advocates and Y. Jeruto & Company Advocates, to be managed with the consent of all parties.
Mr Kenei has defended his actions, stating that the funds are being withheld as the family has not yet paid his firm’s legal fees and other associated costs from the succession case. He has insisted he is not opposed to releasing the money, but expects compensation for legal services rendered. Moreover, he has demanded that the family withdraw a complaint they lodged against him with the Directorate of Criminal Investigations (DCI), citing reputational harm.
On 30 January 2025, Justice Reuben Nyakundi ordered that the Sh25 million be moved from Kenei’s firm to a newly established joint account managed by the two designated law firms, with the condition that any expenditure must be mutually agreed upon by both parties. The judge also granted Kenei the liberty to negotiate his bill of costs separately.
However, when the matter returned to court recently, the family informed Justice Nyakundi that his order had not been honoured. Expressing frustration, the judge distanced himself from the emerging controversy, pointing out that the main succession case had already been concluded satisfactorily. He then referred the matter to Justice Emily Ominde for further directions. The case is scheduled to be mentioned in court on 13 May.
