The family of former Nominated MP Mark Too wants lawyer Simon Lilan to pay costs of a case he filed seeking to block the burial of the politician in Eldoret last month.
Lawyer Steve Biko (pictured) said the family was dragged to court unnecessarily by Lilan,
who wanted the burial stopped, claiming Too may have been killed because of politics and his vast wealth.
Lilan wanted an independent probe into the death, but Too’s widows Mary and Sophie said they were satisfied with postmortem results, which indicated Too died of heart complications.
Lilan’s lawyer Morgan Omusundi told magistrate Harrison Barasa the family did not deserve to be paid costs. But Biko said Omusundi had conceded losing three key issues in the case and hence should act on the fourth demand, which was costs of the case.
Lilan sued Sophie, Kapseret MP Oscar Sudi, the Lee Funeral Home and the Attorney General to block the burial,
but the High Court lifted an injunction he obtained, leading to the burial on January 9.
“All those he sued did not come to court for merry-making. They camé because he had sued them and they incurred costs,” Biko said.
He said all seven lawyers involved in the case would demand to be reimbursed for the costs they incurred. The family, Sudi and Lee Funeral Home,
where Too’s body was being preserved, hired the lawyers to challenge the case.
The lawyers include Tom Ojienda and Gladys Boss Shollei.