A road rage killer was on Thursday sentenced to six months in civil jail after failing to pay Sh19 million compensation to the family of a businessman he shot and killed about 12 years ago.
Deputy Registrar of the High Court Wandia Nyamu sent Albert Kubai Mbogori to civil jail until he clears the amount, owed to the family of Benjamin Rahedi.
The magistrate said in a ruling that Mr Mbogori had failed to demonstrate that he was unable to pay the amount, which had been rising annually.
She further said the man had not come to court with clean hands because he had failed to honour previous promises of paying the amount. The man was arrested last week after being on the run for five years. A warrant for his arrest was issued last year.
Mrs Violet Rahedi, whose husband was killed in 2007, had to deposit Sh60 for Mr Mbogori’s daily subsistence at Industrial Area remand.
Mr Mbogori’s application to be declared bankrupt was rejected by the High Court in February after the Judge ruled that he had failed to demonstrate his inability to pay the amount.
According to Justice James Aaron Makau, Mr Mbogori failed to fulfill the requirements set out in bankruptcy proceedings. The Judge said bankruptcy process is meant to protect genuine people who have unfortunately found themselves in debt, "but not fraudsters or conmen".
Mr Mbogori shot Mr Benjamin Rahedi in a road rage incident on December 1, 2007. The two had left a club in Ongata Rongai and Rahedi was shot near the Bomas of Kenya, following a minor traffic accident. He died three months later while undergoing treatment in hospital.
Mr Mbogori was arrested and charged with attempted murder but the charge was later substituted with that of murder following Mr Rahedi’s death.
He was later found guilty of manslaughter after the trial and jailed for 14 months. The family of Rahedi later filed the case seeking damages for loss of dependency and expectation of life. Mrs Rahedi successfully argued that Mr Mbogori negligently fired the bullet from a gun, leading to her husband’s death.
Justice Hatari Waweru then ordered Mr 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. Mr Rahedi’s father was to get Sh500,000.
Mr Mbogori’s appeal was dismissed by the Court of Appeal with a bench of three judges saying the amount was justified.