A man ordered to pay Sh18 million compensation to the family of a businessman he killed in road rage has lost bid to be declared bankrupt.
Albert Mbogori, who served 14 months in jail for manslaughter, had pleaded with the court to declare him bankrupt because he didn’t have cash to pay the award.
He killed Edward Benjamin Rahedi. In 2009 the court had awarded the family of Rahedi Sh12 million in pain and loss of dependency. The sum earned interest and now stands at Sh18 million.
Mbogori had said as a result of serving the jail term, his business went down and subsequently closed.
He relies on his wife, a teacher with a monthly salary of Sh355,000. He promised to conduct a fundraiser to pay Rahedi’s family if declared bankrupt.
In his testimony, he said he is diabetic and hypersensitive.
The Rahedi family wanted the case by Mbogori dismissed as defective.
However, judge James Makau dismissed his application for bankruptcy, saying there was insufficient evidence to prove iMbogori’s financial status.
The judge said given that Mbogori failed to provide information to determine his inability to pay as the law requires, he cannot discharge the burden of payment.
Makau observed that Mbogori said he operated a KCB account for six years, but never showed the court any bank statements.
The man had also said he held property in trusts for his children but it was transferred before he filed for bankruptcy. The property i is in Lang’ata; a rental house is on the property.
Justice Makau faulted Mbogori for not supplying particulars on the property.
He said Mbogori only wanted to avoid jail and had nothing to do with his inability to pay the award.
“The petitioner was charged with manslaughter and found criminally liable. The creditor herein lost her husband and family breadwinner. The deceased family has since been deprived of the support they enjoyed,” the judge said.