Mark Too’s daughter, widows in court over Sh100m

Widows of former nominated MP Mark Too, Mary Too (left) and Sophie Too. Their stepdaughter Chepkoech Too has moved to court to stop them from recovering Sh100 million from Cimbria East Africa Ltd. PHOTO | JARED NYATAYA | NATION MEDIA GROUP

What you need to know:

  • Ms Chepkoech Too wants to stop Ms Mary Jepkemboi and Ms Sophie Jelimo from recovering the money from Cimbria East Africa Ltd.
  • She argued that her mother, Ms Lily Kibogy, has been left out of the process.
  • According to Ms Jelimo, who is a director at Fanikiwa, Cimbria breached the contract signed five years ago.

The daughter of former MP Mark Too has moved to court to stop her step-mothers from recovering Sh100 million from a company which the politician had sought to do business with before he died.

Ms Chepkoech Too wants to stop Ms Mary Jepkemboi and Ms Sophie Jelimo from recovering the money from Cimbria East Africa Ltd.

Through lawyer Judy Thongori, Ms Chepkoech told court she is in the process of obtaining letters of administration in respect to her father’s estate, yet the two widows have embarked on the process of recovering the money.

RELEASE FUNDS

She argued that her mother, Ms Lily Kibogy, has been left out of the process.

“She has found out that the two widows are in the process of seeking the release of the funds from Cimbria to themselves. The estate of the deceased has an interest in the funds which should be preserved for all the beneficiaries,” said Ms Thongori.

In case documents, Mr Too is said to have entered a sale agreement with Cimbria on May 28, 2013 for the purchase of pre-cleaning, drying and storage equipment for a 6,000-tonne grain handling plant at the Chemoset farm at a cost of €1,516,330 (Sh189.4 million).

Mr Too, who died in December 2016, paid €756,436 through Fanikiwa Ltd, which amounted to over 50 per cent of the contractual sum. The seller was to install and commission the plant by March 10, 2014.

SHIPPING DOCUMENTS

However, until now Cimbria has not yet delivered shipping documents or bill of lading.

According to Ms Jelimo, who is a director at Fanikiwa, Cimbria breached the contract signed five years ago. She termed Ms Chepkoech’s allegations as ill-conceived and false. Ms Jelimo said she is the one who wrote to Cimbria on May 16 and 18, last year to request a refund.

But Ms Chepkoech said: “The deceased left a vast estate and I’m concerned that the two widows have not taken out letters of administration to date and I have consequently applied for citations to issue against them to prompt them to do what the law requires of them.”