Court allows Mark Too’s burial to proceed as family disowns lawyer Simon Lilan

Lawyers Tom Ojienda (centre) and Evans Monari (in glasses) and leaders from Uasin Gishu County speak to journalists in Eldoret on January 9, 2016 after obtaining a court order allowing the burial of former nominated MP Mark Too to proceed. Lawyer Simon Lilan had earlier obtained a court order stopping the burial. PHOTO | JARED NYATAYA | NATION MEDIA GROUP

What you need to know:

  • Leaders present in court on Monday lauded the latest court’s decision.
  • Mr Too’s family, through lawyers Tom Ojienda and Evans Monari obtained the order on Monday morning through a certificate of urgency.
  • Mrs Shollei said that the court’s decision was a big relief to Mr Too’s family.
  • But Mr Lilan said he was stopped from serving the family with the earlier court order seeking to stop the burial.

Kanu-era politician Mark Too will finally be laid to rest at his Maziwa Farm in Uasin Gishu County after his family obtained a court order allowing the burial to proceed.

A court has allowed the funeral to go on pending the determination of a lawsuit seeking to stop it until Mr Too's cause of death is established.

Mr Too’s family, through lawyers Tom Ojienda and Evans Monari, obtained the order on Monday morning through a certificate of urgency.

“The order to stop the burial has been vacated. The suit filed failed to give a full disclosure that a post-mortem was carried out. The family has also disowned the lawyer purporting to be talking on their behalf,” said Mr Ojienda.

Eldoret Resident Magistrate Nicodemus Moseti, who had on Friday issued temporary orders stopping the burial of the veteran politician, on Monday certified the family’s application as urgent.

“The orders issued on 6th January 2017 stopping the burial of Hon Mark Too be and are hereby vacated,” ruled Mr Moseti.

The case is set to be mentioned on January 12, 2017.

In the orders, Simon Lilan, who claims to have been a personal friend and legal adviser of the former assistant minister, had sought court orders to establish the cause of his death.

Leaders present in court on Monday lauded the court’s decision.

They included Uasin Gishu Governor Jackson Mandago, Senator Isaac Melly, MPs Oscar Sudi (Kapseret) and Alfred Keter (Nandi Hills) and Gladys Shollei, an aspirant for the Uasin Gishu woman representative’s seat.

“Mr Too was a respected leader not only in Kenya but across the continent. It is only fair that he is accorded a descent send-off devoid of any controversy,” said Governor Mandago.

Said Mr Keter: “Malicious people have no room in court. You cannot just wake up one day and claim that you represent [the] family yet they have disowned you.”

RELIEF TO FAMILY

Mrs Shollei said the court’s decision was a big relief to Mr Too’s family.

“Courts should not be used by people with selfish interests. The orders have been vacated. We are now proceeding to lay this respected man to rest,” said Mrs Shollei.

But Mr Lilan said he will challenge the court’s decision, adding that he was stopped from serving the family with the earlier court order seeking to stop the burial.

“Those orders are illegal because they were obtained without [the presence of] my lawyer.

“This war will not end until we know what killed Mark Too. I will write to the attorney-general over the conduct of that court,” said Mr Lilan.

Mr Lilan has claimed Mr Too was assassinated and wanted the actual cause of his death to be established before he is buried.

In a sworn affidavit, Mr Lilan claims Mr Too was murdered and there are external forces seeking to conceal the cause of his death.

He also wanted Mr Too to be buried at his first wife Mary Jepkemboi Too’s home, in accordance with Kalenjin customs and traditions.

“According to the Kalenjin customs, the deceased ought to be buried at the home of the first wife and not elsewhere. The defendants [intend] to bury the deceased to cover up the suspicious cause of his death,” claimed the lawyer.

Mr Too died on New Year’s Eve at St Luke's Orthopaedic and Trauma Hospital in Eldoret of what doctors said were heart-related complications.