The Director of Public Prosecutions (DPP) Noordin Haji has now ordered immediate arrest of Patel dam owner Perry Mansukh Kansagara.
Mr Kansagara and the General Manager Vinoj Jaya Kumar will now face manslaughter charges over the tragedy in Solai where 47 people died in May.
Haji directed the Directorate of Criminal Investigations (DCI) to apprehend and arraign the suspects in court.
“I have given consent to the DCI (George Kinoti) to immediately cause the arrest of all suspects. My office is preparing to have the various suspects arraigned in court to answer the charges,” said the DPP on Wednesday (4/7/18).
Haji pointed out that after the tragedy, sleuths discovered that the dam’s construction was done by quacks using the farm equipment leading to construction and design flaws.
The dam’s water was being supplied by the Watkins Stream, which was abstracted completely by the owner.
The water permit in respect to the dam, which expires on December 5, 2018 was irregularly issued.
There was failure by the owners, National Environment Management Authority (NEMA) and Water Resources Authority (WRA) to ensure environmental compliance.
“Upon review of the file, I have established that there is criminal culpability on the part of WRA, NEMA and County Government officials entrusted with the mandate of inspection, monitoring and control of the safety of dams,” the DPP asserted.
Others who will be arrested and arraigned in court include, Winnie Muthoni Mutisya (Water Rights Officer, WRA), Tomkin Odo Odhiambo (Sub-Regional Manager, WRA) and Jacinta Were (Assistant Technical Coordinator Manager Water rights WRA).
Others are Willie Omondi Were (NEMA, Nakuru County Director of Environment), Lynnete Jepchirchir Cheruiyot (NEMA, Environmental Officer, Nakuru County), Johnson Kamau Njuguna (County Director of Water, Nakuru County Government, and Julius Kavita (Sub-County administrator).
Water Cabinet Secretary Simon Chelugui on Tuesday told a Senate committee chaired by Makueni Senator Mutula Kilonzo Jnr that records in the ministry show there is no dam on Mansukh’s farm in Solai, Nakuru County.
CS Chelugui told the senators that the only document in their records was the permit allowing Salt Manufacturers to erect a weir to divert water to the dam.
He further told the committee that WARMA had never inspected the dam since its construction in 2005.
He said the only document on the mega development in their records was a 2004 permit for the construction weir.