Witness statements delay Solai Dam case

Perry Manusukh and his co-accused Johnson Njuguna at the Naivasha law courts on August 3, 2018. /GEORGE MURAGE
Perry Manusukh and his co-accused Johnson Njuguna at the Naivasha law courts on August 3, 2018. /GEORGE MURAGE

The pre-trial for the nine suspects facing 48 counts of manslaughter following the Solai Dam tragedy failed to kick off because witnesses have not finished recording statements.

Prosecution counsel Victor Owiti told

Naivasha Principal Magistrate Joseph Karanja on Friday

they were not ready to proceed because they had not collected all the statements.

Owiti

apologised

for the delay. He said the Witness Protection Agency had identified the witnesses and engaged them.

This came as dam owner Perry Manusukh sought permission to travel out of the country next week.

Manusukh, who is among the suspects, wants the court to release his passport for him to travel to India from August 9 to 14.

Through his lawyer Tom Ojienda, Manusukh told the court he has a custodial case.

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The lawyer told Naivasha Principal Magistrate Joseph Karanja his client will surrender the passport on August 15.

Owiti, however, asked for more time to peruse the order and verify its authenticity. He said they were not opposed to the suspect travelling.

Lawyer Francis Mburu told the court all suspects from the Water Resources Authority had been suspended.

He said the workers had been directed to report once a week to their bosses. He applied to the court to lift an earlier order directing the suspects to report to the DCI in Nakuru once every two weeks.

"Some of them live in Kisumu and Athi River, and it’s expensive to travel to Nakuru. All they do is just sign a register and return home," he said.

The other suspects in the case are Luka Kipyegen, Vinoj Jaya Kumar, Johnson Njuguna, Winnie Muthoni, Jacinta Were, Tomkin Odo Odhiambo, Williec Omondi and Lynette Cheruiyot.

The magistrate will rule in the passport application on the August 7, while the pre-trial date was set for September 10.

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