By PAMELA CHEPKEMEI
A trader who shot dead another businessman five years ago has been ordered to pay the widow Sh12 million as compensation.
The High Court found that Albert Kubai Mbogori was totally liable for the death of Edward Benjamin Rahedi. High Court Judge Hatari Waweru made the finding when he ruled on a case filed by the widow, Violet Rahedi, who sued Mbogori for compensation.
Mrs Rahedi sued Mbogori after the High Court convicted him for manslaughter and jailed him for 14 months for killing her husband in 2007.
The judge ruled that Mbogori was liable for Rahedi’s death and directed him to pay the damages.
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“Having been criminally held liable, the defendant’s civil liability for unlawfully killing the deceased cannot be in doubt,” said Justice Waweru.
Mbogori shot Rahedi at a roadblock near the Bomas of Kenya. The businessman fired at another motorist he had quarrelled with but the bullet hit Kubai who was seated in his car at a traffic snarl-up.
“Indeed the defendant (Mbogori) did not know Rahedi and could not have had any malice towards him. But all that does not matter. One is equally liable for transferred malice in civil as well as criminal law,” the judge said. He said Rahedi was 44 years old at the time of his death and was at the prime of his life. He was operating a Wines and Spirits business, which was his fulltime occupation, the judge added. He said the businessman would have been able to carry on with the business to his late 60s or 70s.
“Everything being equal, he had more productive years ahead of him. But nothing is ever equal in this life,” Justice Waweru added.
He awarded the widow Sh12 million, which should benefit the wife, husband, parent and child of a deceased person.
Mrs Rahedi will be paid Sh7 million while her two children will get Sh2 million each. The father of the late businessman will be paid Sh500,000.
Waweru awarded the widow Sh1 million for the pain and suffering the family underwent when the businessman was admitted in a coma at Karen Hospital. He was admitted in hospital for 56 days before he died.
The money will accrue interest from the time the suit was instituted in 2009.