Solai Dam tycoon, Perry Mansukhlal Patel, and eight others were put on their defence after a court, on Thursday, April 27, ruled that they had a case to answer in the death of 48 people.
The prosecution presented its evidence in court, tasking the defence lawyers to counter and prove that the accused are innocent as pleaded.
Patel and his co-accused were arrested and arraigned after his dam broke its banks on the night of May 8, 2018, sweeping away the adjacent Energy Village.
On that fateful night, 48 people from Energy Village lost their lives, and due to the high volumes of water, it flooded the nearby villages of Nyakinyua, Endao, Milmet and Arutani.
A police report at that time revealed that 5,000 people were left homeless and property of untold value was destroyed.
Mansukhal is being co-accused with Vinoj Jaya Kumar, Johnson Njuguna, Luka Kipyegen, Winnie Muthoni, Jacinta Were, Tomkin Odo Odhiambo, Willie Omondi, and Lynette Cheruiyot.
In his defence, Mansukhlal had told the court that the dam was declared safe before it burst its banks.
He provided evidence of clearance certificates and licences several government water conservation agencies issued.
Despite having the necessary operating licences, Mansukhal was faulted for constructing the dam without preparing an environmental impact assessment report.
Chief Inspector Joseah Mariti, who conducted investigations immediately after the tragedy, told the court that the dam was certified as stable weeks before breaking its banks.
“According to documents from the Water Conservation Authority, stability tests done on the dam found it to be perfect before it burst,” Mariti told the court.
During the hearing, the court rejected a multi-agency report presented by the then Nakuru Regional Commissioner Chimwaga Mongo.
“This was a disaster that left tens of people dead, families displaced and lives disrupted and we involved various government agencies in coming up with this report,” Mongo had told the court.
