Solai dam was legally constructed, trial hears

A section of the burst Solai dam in Subukia, Nakuru County, May 2018. [File, Standard]

Solai Dam had undergone an audit and received legal permits from the Water Resource Authority before it burst, resulting in the deaths of 48 people.

The authority, previously known as the Water Resources and Management Authority (WRMA), had conducted an inspection of the farm and granted its approval.

This information came to light during the ongoing trial, in which Perry Manusukh, a director at Solai Farm, and eight others were charged with 48 counts of manslaughter in 2018, along with failing to prepare an environmental impact assessment report.

The other eight individuals facing charges are Vinoj Jaya Kumar, Johnson Njuguna, Luka Kipyegen, Winnie Muthoni, Jacinta Were, Tomkin Odo Odhiambo, Williec Omondi, and Lynette Cheruiyot.

According to Winnie Muthoni, a Water Rights Officer with WRA, the authority was not aware of any issues with the dam before the tragic incident occurred.

Muthoni, who is among the accused, informed Naivasha Chief Magistrate Nathan Lutta that the dam's owners had been issued a clearance certificate that was valid from 2012 until December 2018.

She explained that the dam, classified as Class D, was supposed to be inspected by the regional office, a task they had performed on multiple occasions.

"I am wrongly accused because my duties involved meter reading to ensure the water abstraction adhered to the established regulations and limits," she stated.

She went on to inform the court that government records showed that the dam had been licensed in 1944, with permits undergoing review every 10 years.

Earlier, geotechnical expert Mang'ong'o Bwocharo testified that the incident's cause was a natural phenomenon beyond human control.

During cross-examination by State Counsel Gichuhi Gikui, the geologist explained that the dam was situated on volcanic soils that were susceptible to erosion by heavy rains.

Mang'ong'o added that studies conducted on the dam indicated a significant mudslide, involving large boulders, soil, and runoff, crashing onto the dam. "Field investigations and geological assessments conducted around the dam revealed that the dam failure was the result of a natural phenomenon beyond human control," he said.

Mang'ong'o said since then, the dam was decommissioned and the water was allowed to flow through the original natural watercourse uninterrupted.