Revealed! Solai dam trial will not be fair

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The quest for justice and responsibility is still going on after the Solai dam tragedy.The matter is now before Naivasha chief magistrate Kennedy Bidali.

State Counsel Alexander Muteti told the magistrate that Karanja’s exit is proof the trial will not be fair and impartial if the matter is handled in Naivasha.

The office of the DPP has renewed its bid to transfer the Solai Dam case to Nairobi.

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This came a week after Naivasha principal magistrate Joseph Karanja recused himself from the matter.

In the case, nine suspects have been charged with 48 counts of manslaughter and failing to prepare an environmental impact assessment report.

They are Perry Manusukh, Luka Kipyegen, Johnson Njuguna, Winnie Muthoni, Jacinta Were, Tomkin Odhiambo, Willice Omondi and Lynette Cheruiyot.

Suspects in the Solai Dam case in a Naivasha court where they were freed on Sh5 million each on charges of manslaughter, July 9, 2018. /COURTESY

Muteti further argued that most of the witnesses are in Nairobi.

He asked for more time to hand over the witness statements and other documents to the defence.

Muteti said he has been out of office and is unable to meet the previous deadline set by the court.

But lawyer Gordon Ogolla, for the accused, said the High Court had dispensed the petition to transfer the case to another court, hence, the lower court could not deal with it.

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He accused the prosecution of “shopping” for a friendly magistrate to handle the trial after failing to deliver witnesses statements as earlier promised.

“The prosecution should admit that they do not have any case against the accused and honourably withdraw this case for the benefit of all,” he said.

In his decision, Bidali gave the prosecution until November 22 to hand over all the witness statements and other documentary evidence.

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Government officials’ negligence and carelessness of farm managers as well as the pervading fear of the politically-connected Patel farm owners are to blame for the 47 deaths that occurred in Solai, Nakuru in May, a human rights report has revealed.

The report revealed the residents have been complaining about the farm since 1980s when they protested over the blocking of two rivers and streams by the farm owners but action was only taken after the May disaster in bid to cover up the mess.

Following the bursting of the dam in May, 47 people died, 41 were injured while 223 households lost their homes and almost 5,000 people were displaced.

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