The Director of Public Prosecutions (DPP) Noordin Haji has ordered the arrest of Patel Dam owner Perry Mansukh.
Issuing the directive on Wednesday, DPP Haji further sought the arrest of Patel Coffee Estates Ltd General Manager Vinoj Kumar on charges of manslaughter.
This after investigations into the tragic Patel Dam burst that killed 47 people revealed that it was not licensed as purported by the coffee estate management.
[caption caption="The aftermath of the Patel Dam burst"]
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Besides, the DPP has ordered the arrest of various Water Rights Authority (WRA) and National Environment Management Authority (NEMA) officials over neglect of official duty.
The NEMA officials alongside the Patel Coffee Estates managers will also be charged with failure to prepare an environmental impact assessment report.
Those who will be charged for manslaughter also include Winnie Muthoni Mutisya (WRA), Tomkin Odo Odhiambo (WRA), Jacinta Were (WRA), Willie Omondi Were (NEMA), Lynnette Jepchirchir Cheruiyot (NEMA), Johnson Kamau Njuguna (Nakuru County Water Director) and Julius Kavita (Sub-county Administrator).
In his statement, the DPP noted that the dam was constructed by unqualified staff using the farm equipment which led to construction and design flaws.
Besides, the DPP noted the construction completely obstructed the flow of Watkins stream - contrary to dam construction guidelines.
Investigations into the May 9 tragedy that left hundreds of families homeless indicated that coffee estate's management, NEMA and WRA officials failed to ensure environmental compliance.
Given that the named persons were responsible for the inspection, control and safety of the dam, the DPP indicated that he is "satisfied that there is adequate evidence with which to mount the prosecution against the individuals jointly and for several accounts including manslaughter".
There has been public outcry over government's failure to hold the owner's of the dam accountable following the massive loss of lives and property after the dam swept the Solai village at night.
Here is the DPP's statement:
