DPP Haji orders arrest of Patel farm managers, Warma, Nema and Nakuru County officials

Boys collecting materials that were swept away by water during Patel dam tragedy at Nyakinyua primary school on May 14, 2018 [Photo:Kipsang Joseph/Standard]

Director of Public Prosecutions Noordin Haji has directed the Directorate of Criminal Investigations to arrest 7 WARMA, NEMA, Nakuru County officials over Patel Dam tragedy.

Among charges laid against the individuals include manslaughter, neglect of official duty and failing to prepare an environmental impact assessment report.

In a statement issued on Wednesday, DPP Haji stated that there was breach of the Milmet Dam (Solai) embankment on May 9, 2018 which claimed 47 lives and displaced hundreds of families.

The directive follows investigations that reveals the Milmet Dam’s construction was done by unqualified staff using farm equipment, leading to construction and design flaws.

“Upon review of the file, I have established that there is criminal culpability on the part of Water Resource and Management Authority (Warma), National Environment Management Authority (Nema) and county government officials entrusted with the mandate of inspection, monitoring and control of the safety of dams," reads a section of the statement.

Under the directive, managing director of Kensalt Limited and the Patel Coffee Estates Limited Perry Mansukh Kansagara will be charged with manslaughter.

Others to be charged alongside Kansagara with manslaughter include general manager of the Patel Coffee Estates Limited Vinoj Jaya Kumar, water rights officers in the department of Warma Winnie Muthoni Mutisya, Warma sub county regional manager Tonkin Odo Odhiambo.

Assistant technical coordinator manager water rights (Warma) Jacinta Were, Nakuru county director of environment Willie Omondi, Nema environmental officer Nakuru Lynnete Jepchchirchir Cheruiyot, director of water Nakuru County government Johnson Kamau Njuguna and sub-county administrator Julius Kavita will also be charged.

Haji stated that there was failure by the dam owners, Nema and Warma to ensure environmental compliance.

“I am therefore satisfied that there exits adequate evidence with which to mount a prosecution against each of the following persons jointly and severely,” adds the statement.

Further Mutisya, Odhiambo, Were, Cheruiyot, Njuguna and Kavita will be charged with neglect of official duty.

The DPP further stated that the dam that broke its walls was also being supplied by the Watkins Stream, which was abstracted completely by the dam owner.

“I have given consent to the DCI to immediately cause the arrest of all the suspects. My office is preparing to have the various suspects arraigned in court to answer to the charges,” directed Haji.