Controversial Lawyer Simon Lilan at a past pres briefing. The family of the late Mark Too wants him to pay Sh12 million as costs to the case he unsuccessfully filed at Eldoret court. [Photo/hivisasa.com]
A file in a case in which controversial Eldoret-based lawyer Simon Lilan had sought to stop the burial of the late ex-nominated MP, Mark Too, has gone missing under unclear circumstances.
Lawyer to the late Mark Too's family Steve Biko told the press in Eldoret, that the file cannot be traced.
Lilan had applied to have burial of Mark Too stopped, but his application failed and now the family wants him to pay Sh12.5 million as costs incurred during the hearing of the case.
The matter was to come up before Eldoret High Court deputy registrar Harrison Barasa, Tuesday May 23, but it had to be pushed to June 14 after the court was told the file was missing.
Addressing the press outside the Eldoret High Court, Biko claimed there was foul play in the disappearance of the file.
“We've tried tracing the file but it has gone missing from the registry and this confirms our fears that there is foul play in this latest development,” he said.
Too's family lawyer however said they have already filed a bill of costs they expect Lilan to pay.
“The reason as to why we want Sh12 million in costs to the case is due to subject matter and the public interest that the matter drew when it was first filed and how it cost the family of Mark Too and the delay and even the embarrassment and injuries the family had as a result of that case,” Biko noted.
Lilan who is yet to file his response over the Sh12 million costs demands wanted Mark Too's burial stopped claiming he had been assassinated by those after his vast wealth as well as for political reasons.