A warrant of arrest has been issued against a businessman who killed a motorist more than 10 years ago over a minor road accident.
The warrant was issued on Friday last week after Albert Kubai Mbogori, son of former Imenti North MP Nteere Mbogori, failed to pay Sh12.5 million awarded to the widow’s family.
“These are to order you to arrest Kubai unless he pays Sh19, 433,463 together with executing officers expenses and fees,” said Nairobi High Court Deputy Registrar.
The registrar ordered the officers to bring the debtor before court. “You are further commanded to return this warrant as soon as it is executed or the money noted in the margin is tendered to you with an endorsement certifying the day on which and manner in which it has been executed, or reason why it has not been executed,” said the Registrar.
On July 19, 2018, Kubai urged the court to find that he is unable to pay Sh12.5 million awarded on October 14, 2013 to Violet Jeptum Rahedi, widow of Edward Rahedi.
He wanted the court to declare him bankrupt.
On December 1, 2007, Mbogori is said to have been driving along Lang’ata Road in Nairobi when he shot Edward Rahedi causing him severe head injuries. The shooting followed a minor road accident.
Rahedi died on January 26, 2008. Mbogori was charged with murder, but was found guilty of manslaughter and sentenced to 14 months in prison.
Then, Rahedi’s widow, Violet Rahedi, sued him for carelessly firing his firearm and causing the death of her husband. The court awarded her Sh12.5 million.
The widow was to get Sh7 million, her two children Sh2 million each and Rahedi’s father was to get Sh500, 000.
Mbogori has since told the court that he is unable to pay the amount.
Court declined to suspend the orders obtained by Rahedi which include a warrant of arrest against Mbogori, for failing to pay the amount ordered.
The judge said he wanted to hear from all parties, before issuing any orders.
Through lawyer Ahmed Jelle, Rahedi’s widow told the court that Mbogori has refused to pay, more than seven years since she obtained the judgment.
Mbogori had filed an appeal but it was rejected by the court.
Early this year, parties appeared before the Deputy Registrar and Mbogori gave an undertaking to settle the amount.
He said in court documents, “Since my conviction and jailing, my business went downhill and I have been unable to get a footing.”