A magistrate will on Thursday rule on whether a businessman who fatally shot a man in a road rage incident more than a decade ago will be committed to civil jail after failing to pay the dead man’s family more than Sh20 million.
Albert Kubai Mbogori appeared before a deputy registrar of the High Court and pleaded to be allowed to settle the amount, which has been pending in court for close to a decade.
But the family of the late Edward Benjamin Rahedi objected to his pleas, saying that he had refused to settle the amount even after being given time.
He has been on the run for more than five years, the court heard.
The magistrate directed that he be remanded pending her ruling on Thursday. Mr Mbogori was arrested on Thursday following a warrant which was issued early this year.
His 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 fulfil 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. Rahedi was shot near the Bomas of Kenya, following a minor traffic accident. He died about three months later in hospital.