A bitter legal dispute involving Sh25 million has pitted the family of late businessman Jan Chris Esselink against Henry Kenei, the North Rift chairman of the Law Society of Kenya, with accusations of misappropriation of estate funds now heading for a decisive court ruling.
The controversy centers on Sh30 million that was authorized for withdrawal from Esselink’s bank account at Stanbic Bank Eldoret following a September 2022 court order by Justice Eric Ogola, who is now Principal Judge of the High Court of Kenya.
The funds were meant to defray estate expenses and safeguard the livelihood of Esselink’s children after his accounts were frozen.
Esselink, who died leaving behind a multi-million shilling estate, is the father of former presidential candidate Peter Kenneth.
His family, led by son Bill Esselink and daughter Jackline Chemutai John, alleges that while Sh30 million was released to Kenei’s law firm M/s Kenei and Associates, only Sh5 million was used for its intended purpose, leaving Sh25 million unaccounted for.
Speaking outside the Eldoret High Court, Bill Esselink expressed the family’s frustration, stating they were facing serious financial difficulties because the funds were being withheld.
The family has been seeking a court order to compel Kenei to transfer the money to the law firms of Terer Kibii & Company Advocates and Y. Jeruto & Company Advocates for joint management.
Kenei has defended his position, claiming he is not withholding the funds maliciously but is awaiting settlement of his legal fees for professional services rendered during the complex succession process.
He has also insisted that the family must first withdraw a complaint they lodged against him with the Directorate of Criminal Investigations before any meaningful dialogue can occur.
The matter took a significant turn when Eldoret High Court Presiding Judge Reuben Nyakundi delivered a ruling on January 30, 2025, ordering Kenei’s firm to release the Sh25 million to the two designated law firms in a joint account, while allowing him to negotiate his legal fees separately.
Justice Nyakundi had expressed his determination not to allow his name to be soiled, stating he had already dispensed with the succession case to all parties’ satisfaction.
However, despite the clear court directive, the funds have remained untransferred, prompting the family to return to court.
The case was referred to Justice Emily Ominde for further directions, with proceedings initially set for May 13, 2025.
North Rift LSK office faces dissolution
The legal battle has been further complicated by internal turmoil within the LSK North Rift branch, where lawyer Michael Wabomba Masinde has filed a motion seeking to dissolve the branch council headed by Kenei.
The dissolution motion, scheduled for a Special General Meeting on August 1, 2025, cites alleged loss of members’ confidence and demands for accountability and transparency in the society’s affairs.
Adding to Kenei’s challenges, the Law Society of Kenya headquarters has issued a surcharge notice demanding he account for Sh570,650 in unaccounted funds from the 2023 branch compliance audit.
The national office has given him seven days to resolve the accountability issues or face further action.
As of September 2025, Bill has told the media that Kenei has continued to ignore the court orders and refused to pay back the money.
The Eldoret High Court has now set October 3, 2025, as the date for a decisive ruling on the matter.
The case has drawn significant attention given the prominence of the Esselink family and the position held by Kenei within the legal fraternity.
The outcome of the October 3 ruling could have far-reaching implications for both the succession dispute and Kenei’s standing in the legal profession.
The Law Society of Kenya president Faith Odhiambo has acknowledged receipt of various complaints but noted that some issues remain internal affairs of the North Rift branch, where over 1,000 lawyers operate across Uasin Gishu, Elgeyo Marakwet, Trans Nzoia, West Pokot, Nandi, and Turkana counties.
