Senators seek more charges against Solai dam owner Perry Mansukhlal

A Senate committee wants the Director of Public Prosecutions to institute additional charges against Solai dam owner Perry Mansukhlal Kansagra.

The committee wants Mr Noordin Haji to include charges relating to acts and omissions contrary to laws regulating water works.

On July 5, Mr Kansagra, who is the managing director of Patel Coffee Estates, was arraigned over the collapse of the dam and is facing three counts including manslaughter.

The Senate ad hoc Committee, which investigated the circumstances under which the dam collapsed in May killing at least 46 people, has in its report faulted Mr Kansagra for failure to apply for a permit for the dam built on Watkins stream.

MINISTRY IMPLICATED
Also in the crosshairs is Water Cabinet Secretary Simon Chelugui.

Mr Chelugui is accused of attempting to mislead the committee which has directed the DPP and the Directorate of Criminal Investigations to investigate the authenticity of the documents he submitted.

The report - which was tabled in the House on Wednesday - accuses Mr Kansagra of intentionally and unlawfully constructing the dam by blocking Watkins stream since 2004 on the basis of a permit for a weir.

His actions were contrary to the Water Act and were carried out with the knowledge of Water Resource Authority (WRA) and Ministry of Water officials.

"There was a conspiracy to mislead and defeat the application of the law with relation to the establishment of the dam on Watkins stream," the report tabled by committee chairman Mutula Kilonzo Jnr says.

BREACH

The committee says the dam was not constructed by a qualified and registered contractor, and the design was not supervised by the relevant authority.

Further, the team says Mr Kansagra violated the Water Resource Management by not taking adequate measures to promote safety.

"The owner of the dam contravened regulation 67(2) of the Water Resource Management Rules by failing to take adequate measures to protect persons, infrastructure and environment downstream that was likely to be affected in the event of any discharge from the dam, whether caused by dam failure or intended releases from the dam," the report adds.

SUSPEND OFFICIALS

The committee has thus recommended the suspension of all government officials stationed at Solai, for the enforcement of the restoration order of Solai to succeed.

The officers include Nakuru County Commissioner Joshua Nkanatha, Subukia Deputy County Commissioner Justus Kavita and Solai Chief Charles Kiragu.

Other State officers indicted are Mr Mohamed Shurie (Water Resource Management CEO), Mr Boniface Mwaniki (Water Resource Management staff), Mr James Chepolet (National Construction Authority) and Mr Tompkins Odo (Ministry of Water).

Mr Kavita and Mr Kiragu have been criticised for breaching Article 232 of the Constitution, the Public Officers Ethics Act and the Public Service (Values and Principles) Act.

It wants DPP Haji to investigate them.

COMPENSATION
The committee has asked the National Construction Authority chief executive officer to recommend disciplinary action against Mr Maurice Aketch for negligence and attempting to mislead the authority and the committee in his observation report dated May 10, 2018.

The committee further wants the restoration order issued by Nema on July 19 this year revoked and a new one provided with specific directions on the legal restoration and compensation and procurement of an independent environmental expert to establish the extent of damage caused.