Kins of 47 Solai Dam tragedy victims have finally agreed on a compensation deal with the dam owner after years of court battles.
In the out-of-court settlement presided over by the Kenya Human Rights Commission ( KHRC), the two parties agreed to Ksh1.2 million for adults' families and Ksh800,000 for minors.
The incident occurred in 2018 when the dam collapsed, and water flooded through the fields of a 3,000-acre commercial coffee farm and into the homes downstream. 47 people were confirmed dead, according to KHRC.
According to reports, about 20 children are said to have lost their lives in the tragedy that swept a whole village.
Thousands were displaced from their homes in the surrounding villages of Energy, Nyakinyua, Endao, Arutani, and Milmet.
"Kins of 47 Solai dam tragedy victims agree and sign a compensation deal— Ksh1.2 million for adults' families and Ksh800,000 for minors. KHRC represents 29 victims in this agreement, connected to a manslaughter case against nine people, a dam owner and his workers," KHRC stated on Tuesday, November 7.
In the case, which dragged in court for years, the dam owners were charged with several crimes, including failing to prepare an environmental impact assessment report before constructing the dam.
According to hydrologist experts who testified in one of the court sessions, the tragedy was caused by the failure of the underground faults and drainage problems that could have led to the collapse of the dam located in Nakuru.
The experts noted that dams such as Solai rarely collapsed on their own except in cases of earthquakes or other forces that may weaken the dam structure, which may also cause such an incident.
In April 2023, Naivasha Chief Magistrate Nathan Lutta ruled that the dam owner and seven other suspects had a case to answer.
"I have keenly looked at documents presented before court including witness statements. The court has established that the nine accused persons have a case to answer and have been put on their own defence," the magistrate ruled.
This verdict paved the way for the victims, through their lawyers, to initiate an expanded way in which they would actively participate in the case.
"Initially, the victims only participated up to the submission point, but presently, we want to cross-examine all the witnesses now that the accused have been put on their defence," their lawyer, Kelly Malenya, noted.
He added that the victims had waited for more than five years for justice, and thus needed the case fasttracked.
