Solai Dam Case takes a nasty turn as judge steps down

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Naivasha principal magistrate Joseph Karanja has stepped down from the Solai dam case where 48 suspects face several charges including manslaughter.

The magistrate excused himself from the case without giving any reason. The case will now be heard by chief magistrate Kennedy Bidali.

In the case, the suspects including Perry Manusukh the owner of the dam are charged with 48 counts of manslaughter and failing to prepare an environmental impact assessment report.

The other eight suspects are Vinoj Jaya Kumar, Luka Kipyegen, Johnson Njuguna, Winnie Muthoni, Jacinta Were, Tomkin Odo Odhiambo, Willie Omondi and Lynette Cheruiyot.

Some of the suspects in the Solai Dam tragedy at a Naivasha court on July 9, 2018. /COURTESY

Manusukuh and Joshua Njuguna who is the director of water in Nakuru had arrived in the count seeking permission to travel out of the country.

The magistrate, however, stepped aside forcing the two petitions to be heard by Bidali who will give a ruling on Monday and the way forward. The two want to travel to India and China respectively and the court was set to determine their petition today.

The move comes barely two months after the DPP sought to have the high profile case transferred from Naivasha to Nairobi due to an alleged interference of witnesses.

In the petition, the DPP accused Patel farm owners and some government officers of threatening key witnesses.

State counsel Catherine Mwaniki, in an affidavit, accused the management of Patel coffee estate (farm) and WARMA officers of tampering with the scene. She further alleges that some of the key witnesses had been transferred and others threatened, with the assistance of the local administration. Mwaniki said the situation has made it hard for the Witness Prosecution Agency to access them.

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“The prosecution team’s security, in view of the circumstances, is at high risk. In the interest of justice, we pray that this case be transferred to Nairobi,” reads the affidavit in part.

The affidavit further accuses the local administration of meeting the witnesses noting the Nakuru and its environs were not secure areas for the prosecution counsel and the trail court.

During case, there was a heated exchange of words between lawyer Tom Ojienda – for farm owner Perry Manusukh, and state counsel Alexander Muteti. Ojienda told the court that on four occasions, the state had failed to provide the defence lawyers with witness statements as ordered.

He told the court that the case’ transfer from Naivasha was meant to escape orders issued by the lower court. However, Muteti accused the defence lawyer of misleading the court adding that all that the ODPP was only seeking transfer orders.

He said that the High court seating in Narok had directed that the matter be placed before judge Mwongo for directions on the DPP’s supplication.

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