Patel Dam tragedy case to be heard in Naivasha

The High Court in Naivasha has declined to transfer to Nairobi the criminal case against Patel Coffee Estates Managing Director Perry Mansukh Kansagara, general manager Vinoj Jaya Kumar and seven others.

In his ruling, Judge Richard Mwongo focused on four issues in the application by the Director of Public Prosecutions.

He noted that the Water Resources Authority (WRA), whose two officials have been charged in court with 48 counts of manslaughter, had requested an interim dam report within 21 days.

CLAIMS

“It is within the agency’s statutory responsibility to seek for a particular information,” said Mr Mwongo.

On the issues of witnesses being at risk, the judge said there was not clear indication that any of them had been threatened.

He observed that the matter was "a high profile litigation” terming as serious the allegations that questioned the ongoing judicial process at the lower court.

“I took time to look at the proceedings and peruse through, but I did not find any unfairness or impropriety to warrant any apprehension,” said Mr Mwongo.

“The reason by the prosecution was therefore not satisfying and the court declines to have the criminal case transferred to a similar court in Nairobi,” he added.

Appearing for Mr Kansagara, lawyer Boniface Masinde hailed the court’s decision, saying “am grateful for the decision.”         

In the application that was dismissed by the court, Senior Assistant Director of Public Prosecutions Alexander Muteti had sought, among other things, the change of the trial venue from Naivasha’s Magistrate Court to a similar court in Nairobi.

The application was, however, opposed by lawyer Tom Ojienda appearing for the Mr Kansagara and Mr Kumar.

The Patel Dam owners and their co-accused are facing 48 counts of manslaughter.

They were on July 9 released by a Naivasha court on a bond of Sh5 million each and a surety of a similar amount or on alternative of Sh2.5 million cash bail.

The case will be mentioned on October 19.