Mark Too's burial to go on despite court order

Preparations for the burial of Kanu-era politician Mark Too continued on Sunday despite a court order stopping the burial.

The body is at Mr Too’s Maziwa Farm in Kapseret, Uasin-Gishu County where it will be interred on Monday even as Eldoret-based lawyer Simon Lilan vowed to file a separate suit to demand its exhumation and forensic tests done to establish the cause of death.

Eldoret Chief Magistrate Nicodemus Moseti issued temporary orders on Friday stopping the planned burial of the veteran politician.

Mr Lilan, who claims to be personal and legal friend to the former assistant minister in retired President Daniel arap Moi’s regime, had sought court orders to establish the cause of his death.

Mr Lilan further wants the body to be buried at the home of Mr Too’s first wife Mary Too and not the second - Mrs Sophie Chelimo Too.

“I will only withdraw the suit if the remains are interred at Mary’s home and specimen extracted from his body to help establish the cause of death. Otherwise I will be seeking orders to exhume the body if the burial goes ahead,” said Mr Lilan.

He said that he had received threats to his life over the suit but vowed he would not be intimidated into withdrawing it.

“Similar threats have been issued against my lawyer Morgan Omusundi by those who want him to pull out of the case,” said lawyer Lilan.

But clerics and elders yesterday cautioned outsiders against meddling in the family issues especially burial arrangement of the former assistant minister.

The elders who included seasoned politician Jackson Kibor wondered why the death of Mr Too has attracted numerous suits especially from individuals who are not family members.

Governors Jackson Mandago (Uasin-Gishu) and his Nandi counterpart Dr Cleophas Lagat led a group of elected and former leaders in eulogising the fallen Kanu politician, describing him as a great leader.

BEFITTING SEND-OFF

“The late Mark was exemplary leader who should be given a befitting send-off,” said Mr Mandago.

Former Higher Education Margaret Kamar eulogised Mr Too as a good family friend who will be missed by many.

The order stopping the burial of Mr Too comes after a woman who had sued on behalf of his 16- year old son withdrew a case in which she was seeking to stop the burial of the former nominated lawmaker.
Fatuma Ramadhan Hassan had filed the case saying her son is Mr Too’s child and had been excluded from participating in his burial arrangements.

She said all other issues concerning inheritance and upkeep will be addressed during the distribution of Mr Too’s estate.

Lawyer Tom Ojienda, representing Mr Too’s family, had assured High Court Judge Aggrey Muchelule that Ms Hassan and her son would be allowed to attend the former nominated MP’s a funeral service at AIC Milimani on Friday.

In his suit, lawyer Lilan has enjoined Lee Funeral Home where the body was being reserved, funeral committee chairman Jacob Yego, Kapseret MP Oscar Sudi and Attorney General Githu Muigai.

“The defendants, their agents and or servants or anybody on their behalf be and hereby barred by way of temporary injunction from collecting or burying the body of the late Mark Too (deceased) without the plaintiff’s, the widows or close relatives and further that the body be buried at the first wife’s residence (Mary Jepkemboi Too) or matrimonial home and not elsewhere bearing inter-parties hearing,” read the orders issued by Magistrate Moseti.

“Take notice that this is a valid court order and any party who disobeys it shall be guilty of contempt of court and may be committed to imprisonment for a term not exceeding six months or a fine or both,” warned the court order.

DIED OF CARDIAC ARREST

Mr Moseti while issuing the orders set inter-party hearings on 12 of January.

Mr Lilan is represented by Eldoret lawyer Omusundi in the suit that has been certified as urgent by the court.

According to the funeral committee, the late Too who died on the eve of the New Year due to cardiac arrest.

Kapseret farm is home to his second wife Sophie and has attracted court cases after a group of squatters sued Mr Too over its ownership.

The squatters want the court to stop burial of Mr Too at the farm pending determination of the suit to be issued on 27 of January this year.
The land located close to Eldoret International Airport measures about 27, 000 acres.

The order stopping the burial of Mr Too comes after a woman who had sued on behalf of his 16- year old son withdrew a case in which she was seeking to stop the burial of the former nominated lawmaker.

Fatuma Ramadhan Hassan had filed the case saying her son is Mr Too’s child and had been excluded from participating in his burial.

Ms Hassan told the court that Mr Too’s family had agreed to include her son in the burial arrangements.

She said all other issues concerning inheritance and upkeep will be addressed during the distribution of Mr Too’s estate.

Lawyer Tom Ojienda, representing Mr Too’s family, told High Court Judge Aggrey Muchelule that the woman and her son will be allowed to attend the former nominated MP’s a funeral service at AIC Milimani on Friday.