Former Kiambu governor William Kabogo is likely to spend six months in jail for failing to respect a court order that was issued six years ago.
The court directed Kabogo and other accused persons to compensate a former tout, Joseph Matano, with Ksh1.8 million after their car left Matano with a permanent disability in a road accident that occurred over 10 years ago. The accused persons however failed to do so and now the money has accumulated to Kshs3.4 million due to interest.
A local daily now reveals that Matano filed a fresh application in a Mombasa court seeking to have Kabogo and the co-accused jailed for failing to compensate him six years after the case was concluded.
“Take notice that the matter has been scheduled for hearing of notice to show cause dated June 11, 2021 on November 22. Take further notice that in default of your attendance, the court will proceed to hear the said suit, your absence notwithstanding at your cost,” read the notice that was written to the Tujibebe Wakenya party leader.
Matano is said to have been hit by the vehicle, with registration number KAM 997H, on August 6, 2009 while in Changamwe as he was going about his duties. Kabogo, Joseph Gitau and Joseph Mwaruru, who was driving, were in the car at the time of the incident.
Evidence presented in court indicated that Matano was hit by the car while in Bokole. In his statement, he said that as he was going about his business, an alarm was raised about a person being killed. Soon after the car in question sped towards him but his attempts to evade it were unsuccessful.
“I fell down. It ran over my right leg and disappeared. My injured leg was amputated,” the victim recalled.
Medical records presented in court echoed the victim statement noting that he couldn’t walk without two crutches. The court was informed that the victim recovered but was left with a disability of 65% because of the amputation and other consequences such as inability to work, “attendant embarrassment and loss of esteem as well as difficulty in enjoying his conjugal rights.”
In their defense, the accused persons blamed the victim saying that he was not cautious on the road. They however did not deny the ownership of the car. The court concluded that Kabogo and Gitau owned the car at the time of the accident and went ahead to rule in favor of the victim in 2016.
At the time of the ruling Kabogo, Gitau, and Mwaruru were directed to pay the victim Kshs1.8 million for the damages, lost income and medical expenses.