A politician’s son who was enraged after his car was involved in a minor road accident and shot dead an innocent motorist 10 years ago faces arrest for failing to pay Sh12 million in compensation to his victim’s family.
The deputy registrar of the High Court’s civil division issued the warrant against Albert Kubai, son of former Imenti North MP Nteere Mbogori over the failure to pay the family of Benjamin Edward Rahedi as ordered by the court five years ago.
“Whereas the named person was adjudged by a decree of this court in a compensation suit on October 14, 2013 to pay to the decree-holder the sum of Sh12,311,401, which remains unpaid, these are to command you to arrest the said and unless he shall pay the monies plus interest together with executing expenses as well as fees, if any, to bring the judgment debtor before court with all convenient speed,” the warrant reads.
The Registrar directed court orderlies to return the copy of the warrant as soon as it is executed or the monies while indicating the day on which and manner in which it has been executed, or reason why it has not been executed.
In 2013, High Court judge Hatari Waweru ordered him to compensate the family of Mr Rahedi the monies which has since attracted an interest to Sh 19,433,463.
The dispute dates back to December 1, 2007, when Mr Kubai was driving along Lang’ata Road in Nairobi when he accidentally shot the deceased causing him severe head injuries.
Mr Kubai was coming from Club Legend in Ongata Rongai where he had drunk alcohol for four hours before he was involved in a minor car accident.
A scuffle ensued between him and six occupants of another car, at a road block near Bomas of Kenya.
In his attempt to scare off the six men, who got into a fight with him, he fired in the air but the bullet from his pistol hit an innocent man, the deceased, who was driving in the opposite direction.
The bullet entered Mr Rahedi’s head through the lower side of his left eye and when he was rushed to the Karen Hospital where he underwent surgery, he died two months later out of severe brain injury.
Since Mr Kubai had previously told court that he was remorseful and carries with him emotional wounds due to the incident, he was found guilty of manslaughter and handed a 14-month jail term.
The court, however, noted that he was negligent in using his gun and that he ought to have thought about the possible effect of his shooting before pulling the trigger.
But he has since moved to court to challenge the compensation monies saying he wants to be given a chance to rebuild his life since he has been unable to pay, the widow of the deceased, Violet Rahedi.
He had, however, agreed to settle the amount.
The deceased was an alcohol businessman and a father of two.