Court to try case seeking to halt Mark Too's funeral

Former nominated MP Mark Too (right) attends Jamhuri Day celebrations at 64 Stadium in Eldoret on December 12, 2016. He died on on December 31, 2016. PHOTO | JARED NYATAYA | NATION MEDIA GROUP

What you need to know:

  • He directed lawyer Danstan Omari to serve the two widows — Sofi Too and Mary Too — with suit papers.
  • Ms Hassan said her son will suffer psychologically if he is excluded from the burial and denied a share of the estate.

A woman has sued to stop the burial of former nominated MP Mark Too.

Fatuma Ramadhan Hassan alleges that Mr Too is the father of her 16-year-old son.

Justice Aggrey Muchelule certified the case as urgent but did not issue orders halting the burial, which is scheduled for Monday, January 9.

He directed lawyer Danstan Omari to serve the suit papers on the two widows of the former chairman of Lonrho East Africa Company Limited for a hearing on Friday.

Ms Hassan claims her son will suffer psychologically if he is excluded from participating in the burial of the businessman.

Lawyer Dunston Omar at the Milimani Law Courts on January 4, 2017. He is representing Fatuma Ramadhan Hassan, who wants to halt the burial of Mark Too. PHOTO | EVANS HABIL | NATION MEDIA GROUP

She says the future of her son’s education is uncertain as he was being supported by Mr Too.

She petitioned the court to order that a “lump sum payment of the minor’s school fees be made from the estate of the deceased pending the hearing and determination of the suit.”

Ms Hassan has named Mr Too’s widows — Sofi Too and Mary Too — and Lee Funeral Home as the defendants in the case filed under a certificate of urgency.

She wants the court to issue a permanent injunction restraining the defendants by themselves, their servants or agents from burying Mr Too until the case is determined.

She also urges the court to restrain Lee Funeral Home from releasing the remains pending the hearing and determination of her case.

Ms Hassan said she has not been involved in the burial arrangements and had only learnt about them from the media.