Director of Public Prosecutions Noordin Haji yesterday ordered the arrest of Patel Dam owner Perry Mansukh and eight others. He wants them charged with manslaughter.
In a statement, Haji also said Patel Coffee Estates Limited general manager Vinoj Kumar should be arrested after the dam collapsed on May 9 killing 47 people.
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He said Winnie Muthoni, Tomkin Odhiambo, Jacinta Were and the Nakuru National Environment Management Authority (Nema) officer Willee Omondi should be arrested and charged.
Others are Lynette Cheruyiot (Nema environment officer), Johnson Njuguna (Nakuru director of Water) and Julius Kavita (subcounty coordinator).
Haji said investigations found the dam was built by unqualified staff. It had design flaws, he said.
Investigators also noticed a stream was completely obstructed to supply water to the dam. The water permit which expires in December was issued irregularly, they said.
The probe said there was failure by the owners, Nema and the Water Resources Management Authority (Warma) to ensure environmental compliance.
“I have established there is criminal culpability on the part of Warma, Nema and Nakuru county. I’m satisfied there is adequate evidence for prosecution,” Haji said.
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At the same time senators investigating the tragedy yesterday said they are being intimidated to stop the probe.
They addressing a press conference at Parliament Buildings after meeting officials from the Kenya Red Cross Society.
The ad hoc committee chairman Mutula Kilonzo Jn said they have been receiving calls from unknown people. He said the callers, both local and international, were asking them to “go slow” on the matter.
“There are elements trying to sabotage the work of the committee. We will not be cowed or be bought. Let the know that we will investigate and write recommendations,” the Makueni senator said.
“We will state the facts without fear or favour.”
On Tuesday, Water CS Simon Chelugui told the committee the dam was not licensed, and had not been inspected.
Nakuru Senator Susan Kihika and her Nairobi counterpart Johnson Sakaja backed Mutula. They said there are forces trying to frustrate their work. There are attempts to cover up illegalities, they said.
“We will make sure we get to the bottom of the matter. Whoever is responsible will be prosecuted,” Kihika said.
“There are people trying to cover up, but this committee will stand for justice and the truth. People in Solai are being silenced and some politicians are working with those trying to frustrate the probe,” Sakaja said.
Nominated Senator Slyvia Kasanga accused some government agencies of laxity.
“Every Kenyan’s life matters. We are determined to unearth the truth. Anybody thinking they can intimidate us will be named and shamed,” she said.
The committee is set to tour the dam site on Friday to assess the damage and interview residents.
The Kenya Red Cross emergency response manager Venant Ndighila told the committee Sh8.2 million has for been disbursed to the affected families.
Ndighila pointed out that the amount is not part of compensation, but it is to help the victims re-start their lives.
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