A man being sought over a debt owed to the family of businessman he fatally shot more than 10 years ago has pleaded with the court to declare him bankrupt.
Albert Kubai Mbogori told High Court judge James Makau on Wednesday that he was unable to pay more than Sh18 million in compensation to the family of Edward Benjamin Rahedi.
Mr Mbogori said that the amount sought is beyond his means as he only had Sh20,000 in his KCB account.
Mr Mbogori told the judge that he has been in bad health for the last five years and depends on his wife for upkeep, house rent and children’s school fees.
Bankruptcy means any property belonging to Mr Mbogori can be repossessed for sale to settle the outstanding debts.
Being declared bankrupt would also restrict him to only handling cash he needs for subsistence, accommodation and transport.
Mr Mbogori shot Mr Rahedi in a road rage incident on December 1, 2007 after a minor accident. His victim died about three months later in hospital.
Mr Mbogori was jailed for 14 months and ordered to pay Mr Rahedi’s family Sh12.5 million as compensation for loss of dependency and expectation of life.
Mrs Rahedi was to get Sh7 million, her two children were to get Sh2 million each and Mr Rahedi’s father Sh500, 000. This has grown to Sh18 million due to interest.
The parties appeared before the Deputy Registrar early this year and Mr Mbogori promised to settle the amount.
He was given four chances before a warrant for his arrest could be issued after he didn’t appear in court.
On Wednesday, the judge rejected an application to stop executions for the warrant of his arrest, saying the matter has previously been dealt with by another judge.
“I find no justification to grant the stay of the executions,” he said.