Nairobi News

NewsWhat's Hot

Woman goes to court to stop Mark Too’s burial

A woman has filed a case seeking to stop the burial of renowned former Kanu stalwart and nominated MP Mark Too.

Ms Fatuma Ramadhan Hassan alleges in the case certified urgent by Mr Justice Aggrey Muchelule that the deceased is the biological father of her 16 year old son.

Mr Justice Muchelule did not however did give orders to have the interment of the deceased scheduled for Monday January 9 stop but directed lawyer Danstan Omari to serve the suit papers on the two widows of the former chairman of Lonrho East Africa Company Limited for hearing on Thursday.

The woman, who is suing on behalf of the minor, says her son will suffer psychologically if he is excluded from participating in the burial of the affluent businessman.

Fatuma, who now says the future of her sons education is uncertain as he was being supported by the deceased, is requesting the court to order that a lump sum payment of the minors school fees be made from the estate of the deceased pending on the hearing and determination of the suit.

“The academic future of the minor is now clouded in uncertainty in view of the orders given by the court in children’s case number 190 of 2011 having abated,” Mr Omari told the judge.

BURIAL ARRANGEMENT

Ms Hassan has named Sofi Too and Mary Too and the Lee Funeral Home as the defendants in the case filed under certificate of urgency sought to be heard during the current court vacation.

She is seeking to have the court issue a permanent injunction restraining the defendants by themselves, their servants or agents from conducting the burial of the late Mark Too pending the determination of the case.

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

Fatuma says her she has not been involved in the burial arrangements and she is only learning of the events from the media.

She says under the law only Sofi and Mary are recognized as legal wives of the deceased.

“The two widows have deliberately and maliciously opted to ostracize the minor from participating in the funeral arrangements of his late father yet he is psychologically disturbed and subject to ridicule among his peers,” Ms Fatuma submitted.

She says acts of the two widows of discrimination should be frowned upon as they fall short of Article 27 of the Constitution which says all are equal in the face of the law.