Unable to pay? Killer faces arrest over Sh12m debt

A businessman ordered to pay a widow Sh12 million for the death of her husband following a road rage faces arrest for the debt.

Albert Kubai Mbogori shot Edward Rahedi on December 1, 2007 along Lang'ata Road, causing him severe head injuries.

Mr Rahedi died on January 26, 2008 and Mbogori was later convicted of manslaughter.

Rahedi had not been party to the argument between Mbogori and another motorist that the court described as foolish.

Thereafter Rahedi's widow Violet Jeptum filed a civil suit against the businessman and obtained a Sh12 million award against him on October 14, 2013.

Violet, who had sued Mbogori for causing the death of her husband by negligently firing his firearm, was to get Sh7.5 million.

Her two children were to receive Sh2 million each and Rahedi’s father was to get Sh500,000.

Expenses and fees

But on July 19 this year, Kubai filed for bankruptcy.

Last Friday, the High Court in Nairobi issued a warrant of arrest against Mbogori, son of former Imenti North MP Nteere Mbogori.

“These are to command you to arrest Kubai unless he shall pay Sh19,433,463 together with executing officers expenses and fees,” said the warrant by the Deputy Registrar. 

“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.

Mbogori had been charged with murder, but was found guilty of manslaughter and sentenced to 14 months in prison.

Mbogori has since told the court that he is unable to pay the amount.

The court, however, declined to suspend the orders obtained against him.

Through lawyer Ahmed Jelle, Rahedi’s widow told the court that Mbogori had refused to pay, five years since she obtained the judgement.

Early this year, Mbogori gave an undertaking to settle the amount.