Solai dam disaster: Finding the strength to move on

Rose Wangui prefers to stay indoors. Every time she goes outside their new house she meets fake victims who claim to have lost children.

More so, the sight of the gullies, bare earth, and desolation left after Patel Dam in Solai, Nakuru County, broke its banks is still not pleasant either.

Ms Wangui prefers to stay alone. At best, she has the company of her three-week-old infant, Isaac Kamau, who personifies her new hope.

One year ago, in a single swoop, she lost her four children in the Solai dam disaster.

Ms Wangui’s husband, Joseph Gathogo, 37, prefers not to talk about it, either. He does not want to come anywhere close to the alley of death, and he even refused to live in one of the 39 houses built for the victims by the Red Cross.

NEW BEGINNING

Throughout the interview, Ms Wangui did not say anything about her children; only that she is trying her best to move on.

“I cannot bring them back, no matter what,” she says. “I thank God that he has given me a new baby and I am praying that Isaac marks the beginning of a new life,” she says.

Ms Wangui has been avoiding friends, and only prefers to meet her counsellor, Ms Mary Waruguru, who visits her once in a while.

“I do not want pity. I do not want to hear stories about the dam. I do not even want an update on compensation or investigations or court case. I still mourn my children. It has not been easy, but I left everything to God,” she says.

Ms Wangui and her husband live in a new house that was constructed by his parents.

JUSTICE

Their situation is not any better than that of tens of other families in the area who still ponder on whether the tragedy was an act of God or human error.

To them justice still remains elusive, even as they struggle to recover from the tragedy that left an indelible mark on their lives.

The private dam, located inside Patel Farm owned and managed by Perry Mansukh Kansagara and Vinoj Jaya Kumar, burst its banks on the night of May 9, washing away the surrounding villages of Energy, Nyakinyua, Endao, Milmet and Arutani.

The flood waters and tumbling debris hit Energy village at high speed washing away homes, cars and huge rocks towards the other villages downstream in pith darkness.

Besides the deaths, the tragedy left at least 5,000 people homeless. Dr Peter Mbae, the Kabazi ward representative, was the first to move to court a month after the calamity.

LAWSUIT

Dr Mbae sued the National Environment Management Authority (Nema), the National Water Conservation and Pipeline Corporation, Tindress Patel Coffee Estates and Salt Manufacturers Company.

He sought orders to compel Nema to conduct an environmental impact assessment of the seven remaining dams in the farm that were left after the tragedy.

He also wanted the dam owner compelled to restore the ecosystem within his farm after the assessment.

The Law Society of Kenya and the National Environment Complaints Committee were enjoined as interested parties in the case before the Environment and Land Court.

The matter is set for hearing. Early this year, the court allowed Dr Mbae to amend his petition to include findings and recommendations of a report by the Senate team.

In a separate case, nine individuals, including the two owners of the killer dam, have been charged at a Naivasha court in connection with the death of 48 people in the tragedy.

NEGLIGENCE

The nine face charges of manslaughter and neglect of official duties which they have denied. They are out on Sh5 million bond each as hearing of the matter continues.

Those charged include Mr Kansagara and Mr Kumar. Also at least 300 survivors plan to sue for compensation through the Kenya Human Rights Commission (KHRC).

The Nation learnt that survivors have already signed consent orders allowing KHRC to move to court.

The survivors want to sue the government and the farm owners for compensation over infringement on their rights by various State departments, which they say failed to assess the safety of the dam.

Residents say the tragedy was a result of excess water from three rivers that were blocked and directed to the ill-fated dam.

Revelations later indicated that the Patel Farm owners had eight private dams without the requisite permits.

KNHR Executive Director George Kegoro says compensation is the only way of giving justice to the families, and that they should be accorded an opportunity to live a dignified life.

NIGHT OF HORROR

An interaction with survivors, many still bearing wounds, paints a picture of pain and hopelessness peppered with hope that God will give them justice through the courts.

Retired teacher John Mwangi, 62, lost his wife in the tragedy.

He vividly remembers how the raging waters caught him at the doorstep of his shop, tossed him around and deposited him at a corner of the premises.

“I lost my wife in the tragedy, and my life has become a nightmare. I loved her and she made me happy. Did she have to die?” posed Mr Mwangi.

But what is more disturbing is the revelation that some local administrators, politicians and well-connected people took advantage of the tragedy to enrich themselves.

“We, the real survivors, were left on our own - abandoned and hapless as imposters benefited from donations and cash meant to help us rebuild our lives,” he said.

Survivors also accuse local administrators of selling donations from well-wishers, including iron sheets donated by the Kenya Red Cross.

IMPOSTERS

They also accuse senior government officials and local politicians of planting imposters on the list of beneficiaries, including those who were allocated houses and compensated.

“Shockingly, those administrators and politicians have gone scot-free, none has been punished for impoverishing the real survivors,” said a survivor.

The survivors claimed that imposters received payment of Sh100,000 for a life lost, Sh200,000 for a semi-permanent structure and Sh1 million for permanent structure destroyed.

Mr Duncan Mwaura, another survivor who lost his child, says he only received Sh100,000 given by the Kenya Red Cross to rebuild his life.

Majority of the survivors interviewed narrate how genuine survivors were short-changed by greedy brokers with the help of local administrators.