An Eldoret court has stopped the burial of former nominated MP Mark Too in a new case filed by a lawyer.

The court halted the burial until the cause of the politician's death is established in the lawsuit by lawyer Simon Lilan, who claims he was Mr Too's legal adviser.

The order was issued by Eldoret Chief Magistrate Nicodemus Moseti.
Mr Moseti set inter-partes hearings on January 12.
Mr Lilan is represented by Eldoret lawyer Morgan Omusundi.

Among those named in the lawsuit are Mr Too’s second wife Sophie Chelimo, Lee Funeral Home, where the body is being preserved, funeral committee chairman Jacob Yego, Kapseret Member of Parliament 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 court order.

The magistrate warned that anyone who disobeys the order will be liable for charges of contempt of court.


According to the funeral committee, Mr Too, who died on New Year's Eve due to cardiac arrest, is to be buried on Monday at his Maziwa Farm in Kapseret, Uasin Gishu County.
Earlier Friday, a woman withdrew a case in which she was seeking to stop the burial.

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

In dropping the case, 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.

There is also another case filed by Eldoret squatters seeking to stop the burial of the politician at the Maziwa Farm.

The 1,000 squatters want the burial stopped over a dispute related to the ownership of a 27,000-acre tract of land located near Eldoret International Airport.

The case has been going on for 10 years and the court is expected to issue a judgment on January 27.


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