The orders of the court barring the owner of Patel Dam from traveling out of the Country has been stayed.
Nakuru High Court judge, Justice Dalmas Ohungo in a ruling issued last week stayed the orders issued on August 9, 2018.
“The orders made by this court on August 9, 2018 are hereby stayed pending hearing and determination of Notice of Motion dated August 8, 2018 and Notice of Motion dated August 27, 2018,” read part of the ruling by Justice Ohungo.
Justice Ohungo made the ruling in a case Perry Patel Mansukhlal Kansagra Notice of Motion dated August 29, 2018.
High Court judge Antony Ombwayo had barred Patel from travelling although he had been allowed to fly out by another court.
Patel had been stopped from leaving the Country last month pending hearing and determination of a compensation case filed against him by relatives of the dam tragedy.
In his notice of motion he wanted the court vary the orders restraining him from leaving the country and travel to India between September 13, and September 18, 2018.
The purpose of the journey he said is to visit his child pursuant to orders granted by a High Court in New Delhi in a matter pending before the said court.
His application was opposed by Justice and Environment Foundation, a Non-Governmental Organization and six Solai residents.
Godfrey Otieno, the chairperson of the NGO in their reply said the application by Patel is Contemptuous of the court and is defective.
Otieno said Patel may abscond and not return if he is allowed to travel for the second time. He said if the man is allowed to travel he should deposit Sh5Billion in court as a pre-condition.
Lawyers Ronald Ochieng Onyango and Joel Kimutai Bosek representing the NGO and the Solai residents urged the court not to issue the orders sought.
Patel is an accused person in a criminal case pending at Chief Magistrate’s court Naivasha where he is charged with nine others.
The court in Naivasha on July 9, 2018 granted him and his co-accused bond and imposed conditions that they deposit their passports and travel documents in the said court and that they should not leave the jurisdiction of the said court without prior permission.
They were also ordered to report to office of the Director of Criminal Investigations Nakuru every two weeks.
Justice Ohungo said the Chief’s Magistrate Court in Naivasha is better placed to determine whether Patel should be allowed to travel on this occasion.
“As I have already pointed out the first respondent (Patel) is an accused person in a criminal case pending before the Chief’s Magistrate Court Naivasha. The said Court has made elaborate orders concerning the first respondent movement outside the Country,” he stated.
“If I were to make a specific order allowing the first respondent to travel out of the country, I would be tying the hands of the subordinate court as far as the matter is concerned. The trial court in the criminal matter is better placed to determine whether he (Patel) should be allowed to travel on this occasion,” stated the judge further.
In setting the orders aside, justice Ohungo said the trial court will be left free to determine if Patel should be allowed to travel on September 13, 2018.
The judge said Patel is at liberty to make an appropriate application before the trial court in Naivasha for leave to travel out of its jurisdiction.