DPP Haji orders arrest of Patel Farm bosses in probe

The charges facing them include manslaughter, neglect of official duty and failing to prepare an environmental impact assessment report.

A top manager of Patel Farm where a dam collapsed killing 47 people on May 9 will be charged with manslaughter.

The Director of Public Prosecution Noordin Haji yesterday ordered the arrest and prosecution of the managing director of Kensalt Limited and Patel Coffee Estates Limited Perry Mansukh Kansagara to answer to charges of manslaughter.

He is among managers and top Government officials the DPP has recommended that they be arrested to face several charges.

The charges facing them include manslaughter, neglect of official duty and failing to prepare an environmental impact assessment report.

Haji directed the Directorate of Criminal Investigations to arrest the suspects immediately.

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

The directive follows investigations that revealed the Milmet Dam’s construction was done by unqualified staff, which led 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.

Received information

And yesterday, Patel Farm, in a statement, said it had received information that the DPP had approved prosecution of some of their managers.

“We wish to confirm that we have cooperated with Government agencies that have been handling the matter. With the new turn of events, we will continue on the same path of cooperating with the constitutionally mandated institutions of Government, including the DPP and the Judiciary, until justice is served to all parties,” said Mr Evans Monari, the Patel family lawyer.

Under the directive, Kansagara will be charged with manslaughter. Others to be charged alongside him are general manager of the Patel Coffee Estates Limited Vinoj Jaya Kumar, water rights officer at Warma Winnie Muthoni Mutisya and the agency’s sub-county regional manager Tonkin Odo Odhiambo.

Also to be charged

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

Haji said there was failure by owners of the dam, Nema and Warma to ensure compliance to environmental requirements.

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

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

The victims told The Standard there had been signs of looming danger but no action was taken. The DPP also notes that the water permit in respect to Milmet Dam, which expires on December 5, 2018, was irregularly issued.

Kansagara, Kumar, Were and Cheruyoit also face charges of failing to prepare an environmental impact assessment report.