Woman says Mark Too was her son's father, wants burial stopped

A woman has asked a court to stop the burial of politician Mark Too, demanding her son's inclusion in the arrangements.

Fatuma Hassan said in her application filed as urgent that the late former Nominated MP was the 16-year-old boy's father.

Hassan told the court that Too's widows Sophie and Mary have deliberately excluded her son from funeral arrangements.

She noted that the two are the late politician's only recognised wives but said she had a short relationship with him in 1999.

The court heard that this was shortly after she got separated from her husband Mohammed Bakari. Hassan said the boy was born on or about March 16, 2000 and that DNA tests have proven Too was his father.

The woman said she later filed a case seeking to force Too to undertake his parental responsibilities.

She said he had been paying for the minor's needs, including clothing, entertainment and school fees, but that his widows' conduct after his death were not in her son's best interest.

Read: Former nominated MP Mark Too is dead

Hassan filed the case on behalf of the boy whose school fees she also wants paid through Too's estate.

Through lawyer Danstan Omari, she said her son was to report to school on Tuesday but that she has not been notified of the payment of his school fees.

“The academic future of my son is now clouded with uncertainty. The orders given by a children court have been halted,” she said..

The Children’s Court ordered Too to pay Sh35,000 for the boy's maintenance in a ruling on April 5, 2011.

Too had also been directed to pay the school fees and related expenses for the minor, starting term two in 2011.

High Court judge Aggrey Muchelule directed the parties to appear in court for an inter-parties hearing.

Too, 64, died after a short illness at St Lukes Hospital in Eldoret on December 31. He had been rushed to the facility under critical condition earlier in the day.

A postmortem confirmed he died from a heart problem shortly after Eldoret lawyer Simon Lilan alleged he may have been poisoned because of his vast wealth which includes 25,000 acres of land.

Too's body was later transferred to Nairobi, the family saying this was to make it easier for his family and friends to view his body.

But Lilan, a relative and lawyer who has represented Too in several land matters, said the transfer was part of a plot to cover up his murder.

The lawyer insisted on a separate investigation but said his intention is not to block Too's burial which has been set for Monday at his farm next to Eldoret International Airport.

[AUDIO] Blood vein rupture killed Mark Too, exam shows after lawyer's poisoning claim

Lilan also made a claim about a plot to kill Too's first wife Mary. He said he found Mary suffering breathing problems and high blood pressure when he visited their home immediately after Too's demise.

More on this: [AUDIO] Eldoret lawyer now alleges plot to kill Mark Too's first wife

But family spokesman, burial committee Jacob Yego and Kapseret MP Oscar Sudi asked Lilan to stop frustrating the family.

Family members said they were satisfied with the findings of the autopsy carried out at Lee Funeral Home by chief government pathologist Johansen Oduor.

“Let him report to the police if he has information that will prove what he is claiming," said Sudi.

Lilan said he would write to DPP Keriako Tobiko concerning the independent probe.

“I know what I am saying and you can identify a killer when you look at one. With time the truth will come out," he said. "Some of Too’s property have already been transferred but we will follow up to ensure that its safe."

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