The Senate Ad-Hoc Committee probing the Solai Dam tragedy on Thursday issued its final ruling in the devastating incident that claimed at least 52 people and left hundreds of others homeless.
Led by Makueni Senator Mutula Kilonzo Jnr, the team concluded that Solai Dam tragedy was not an act of God but a case of omission and a conspiracy between the dam owner and state agencies.
The Committee has recommended that Perry Mansukh (Patel Coffee Estates Limited Managing Director), NEMA and WARMA officials be held criminally liable for the deaths, destruction of property and for misleading the committee that the incident was an act of God.
[caption caption="The Senate Ad-Hoc Committee during a visit at the killer Solai Dam site"]
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Demanding a severe punishment against Mansukh, the Senators indicated that this should serve "as an example to other people taking the lives of Kenyans for a ride".
Among the 27 recommendations contained in the 1,800-page document is that the Patel Dam owner should cede part of the 3,250-acre farmland for resettling the families affected by the tragedy.
"Mr Mansukh has 3,250 acres of land out of which 800acres hold a wildlife sanctuary. We cannot be having an investor who treats Kenyans worse than his animals," the Makueni Senator quipped.
The resolution was reached after the Ad-Hoc Committee established that the tragedy had drastic environmental impact leaving the residents with only rocks after the waters from the dam swept down their farms.
The report further indicates that the dam holding 300 million litres of water had no spill-out and was also not licensed - a fact that NEMA and WARMA officials allegedly covered up.
According to the Senators, NEMA had not inspected the dam since 2005 and the adjacent dam holding 180 million litres of water was about to burst before KDF intervened and emptied it.
[caption caption="Rescuers search through the mud and debris for bodies and survivors after the Solai Dam tragedy"]
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"Under the Environmental Management and Coordination Act (EMCA), the owner must deposit some Sh5 billion and he must ensure that each of the deceased is rewarded in person with a multiplying effect," the legislators recommended.
"We have risked our lives to unearth the truth. People have been calling and intimidating us. We feared for our security but resolved to tell Kenyans the truth.
"All the children left orphans must be taken care of. He (dam owner) must pay their school fees from Primary through to university and cater for their needs until they attain 25 years," Mutula who was chairing the Senate investigations concluded.
