A former murder convict being sought over a debt by a family of businessman he fatally shot more than ten years ago has pleaded with the court to declare him bankrupt.
Albert Kibai Mbogori told Justice James Makau he is unable to pay more than Sh18 million compensation to the family of Edward Benjamin Rahedi.
Mbogori told Justice Makau that bad health has affected him for the last five years and the amount sought, is beyond his means.
Heavy said he has been depending on his wife for upkeep. He said it was his wife who was paying for the house rent and children’s school fees.
Do you know the consequences of the order you’re seeking? Asked Justice Makau.
Mbogori said yes and said if given time, he will compensate the family. He said his friends and relatives were organizing a fundraiser for him and he was extremely remorseful over the incident.
The Judge further asked him whether he has an account and how much was in it and he said, “Yes I hold an account at KCB which has about Sh20,000,” he said.
The Judge, however, rejected an application to stop executions for warrant of his arrest, saying the matter has previously been dealt by another judge. “I find no justification to grant the stay of the executions,” he said.
Violet Rahedi, whose husband was shot by Mbogori accused of refusing to pay the amount, more than seven years since she obtained the judgment.
Mbogori shot Mr Rahedi in a road rage incident on December 1, 2007. This was after leaving a club in Ongata Rongai and was shot near the Bomas of Kenya, following a minor accident. He died about three months later in hospital.
Mbogori explained to Justice Makau yesterday that he was arrested and later charged with attempted murder and the charge later changed to murder following the death of Mr Rahedi.
He was found guilty of manslaughter and jailed for 14 months. Mrs Rahedi later filed the case seeking damages for loss of dependency and expectation of life. She successfully argued that Mr Mbogori negligently fired the bullet from a gun, leading to her husband’s death.
Justice Hatari Waweru then ordered Mbogori to pay the family Sh12.5 million as compensation. Mrs Rahedi was to get Sh7 million while her two children were to get Sh2 million each, while Mr Rahedi’s father was to get Sh500,000.
Mbogori filed an appeal but it was dismissed by Appellate Court saying the amount was justified. They parties appeared before the Deputy Registrar and early this year, he promised to settle the amount.
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