Patel farm owner Perry Mansukh told Senators on Wednesday that he was uncomfortable facing them over the Solai dam tragedy as he is also a victim.
Mansukh's lawyer Evans Monari represented him before Senate ad-hoc committee looking into the tragedy that left 48 dead.
Monari noted: "The charges my client is facing carry a life sentence. That cannot be joked around with. We feel the courts should be allowed to deal with this issue. We are objecting to giving any evidence to this committee."
He added: "The refrain that 48 people died is gaining credence in this country and you are forgetting
that there were people who were injured, who lost property and who are still alive. These are the people we are facing and dealing with in Solai.
"We don't take ourselves seriously as a country if the deaths of 48 people in Solai can make us come here and answer questions against
our Constitution."
Monari said this after
Nairobi Senator Johnson Sakaja noted the seriousness of the deaths.
Sakaja said they will ask the questions that will not interfere with fair determinations by the court.
He warned that those who fail to cooperate with the committee will be declared hostile as per parliamentary rules.
But a tough-talking Monari hit back saying they could not disclose information submitted to the court.
"If you want to declare
us hostile witnesses, so be it. We are facing criminal charges and civil societies are haunting us. That is what we want to concentrate on," he said.
"A
licence cannot stop the
rain. A licence cannot stop boulders from going downstream."
On Tuesday, Environment Cabinet Secretary Keriako Tobiko told the Senators that dams on the expansive Patel farm in Solai, Nakuru, were constructed illegally as no environmental impact assessment (EIA) was done.
Among the dams around the farm are Main House, Centre, Moi, Nursery,
Spring, Game sanctuary, Garage, Tindresh, and Marminet.
Sakaja then asked
committee
chairman Mutula Kilonzo Jr who is Makueni Senator to intervene.
"Chair, we had specific questions. Let's not be distracted... we will be derailed by other matters..." he said.
Mutula told Monari that they were on a fact-finding mission and that he should not get worked up.
"Monari, you are not helping Mansukh. We have no intention of taking Judiciary roles. We are only making inquiries and this is not because the information is not available. All you needed to do is confirm the reports," he said.
He added: "You needed to confirm if you constructed the dam without a license. If you can't confirm, its fine. We cannot force you."
The owner of Solai Dam and two others were of the 48 people two months ago.
This came a day after the DPP directed that nine people be charged with manslaughter. Only three presented themselves to police so the court issued a warrant for the other six.
Mansukh, his farm manager Vinoj Jaya Kumar and director of water in Nakuru County Johnson Njuguna, who were charged jointly before Naivasha principal magistrate, pleaded not guilty.
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