Road rage case hearing set for May 3
Mrs Violet Rahedi and her son, Ian, in a Nairobi court on July 16, 2009 before Albert Kubai Mbogori was sentenced to 14 months in jail for killing Mr Benjamin Rahedi. Photo/FILE
A case in which the family of a man killed by a motorist in a road rage shooting is seeking compensation will be mentioned on May 3 for further orders and direction.
Mr Justice Hatari Waweru issued the direction after the defendant’s lawyer, Mr Mukele Junior, told the court that he was not ready to proceed with the hearings because he had not received all the case files.
Ms Violet Jeptum Rahedi has sued for compensation from Mr Albert Kubai Mbogori, who allegedly shot her husband in December 2007, leading to his death in January 2008 at a hospital in Karen, Nairobi.
Mr Mbogori was initially charged with killing Mr Benjamin Edward Rahedi but the charges were later reduced to manslaughter due to what the court ruled as insufficient evidence to stand a murder trial.
He was found guilty of the offence and jailed for 14 months in July 2009.
Mr Mukele told Mr Justice Waweru that his attempts to get the defendant’s file from the advocate who was previously representing him had failed.
He told the court that the files were being withheld by Mohamed Muigai Advocates because Mr Mbogori had not cleared the legal fees.
He also sought to be supplied with letters of administration of the estate of Mr Rahedi.
Mr Mukele wanted more time to peruse the documents used for conviction of manslaughter, stating that he was hired to represent the respondent just seven days ago, hence did not have enough time to study the case.
The complainant’s lawyer, Mr Fred Ojiambo, admitted the change of advocates had made it impossible to supply all the documents although he was ready to proceed with the hearing after lining up two witnesses.
Mr Ojiambo said he had no objection in providing the estate administration files to Mr Mukele, as well as filing and exchanging witness statements with him.
Mr Justice Waweru told the two law firms representing Mr Mbogori sort out the issues of liabilities and decide who will be representing him because one civil case could not be handled by two different firms.
