Nakuru Governor Lee Kinyanjui on Wednesday came under pressure from the ad-hoc committee probing the Solai dam tragedy.
The team accused him of attempting to protect the dam owners.
The committee chaired by Mutula Kilonzo Jr objected to the governor’s plan to table a report prepared by other government agencies and insisted that he presents one prepared by his office.
"Forty eight people have died in your county. Out of curiosity, we would like to have your own report on the events running to the tragedy, whether technical or not," Senator Sylvia Kasanga said.
The governor admitted that he had not commissioned any fact-finding on the May 9 tragedy arguing that the mandate lay with other agencies.
He said Nakuru, like several other counties, lacked the necessary capacity to carry out integrity checks on private establishments.
Among the reports he wanted to present are those prepared by the Kenya Red Cross and the National Environment Management Authority.
"We have been cooperating and working together with the national government and those are the institutions whose responsibility lies there. If we need any report, we are working together and we have confidence in those institutions," Kinyanjui said.
The committee, however, refused to accept the explanation and insisted that the responsibility of ensuring the welfare of the residents a county lie squarely with its governor.
Committee co-chair Ledama ole Kina pointed out to him that this is in line with Section 29 of the Environmental Management and Coordination Act, 2015.
Ledama advised the governor to stop being defensive and admit that he didn’t have a report on the Solai dam tragedy and ask for time to prepare one after familiarising himself with the law.
He told Kinyanjui that the committee was not only focusing on the Solai Dam but the entire aspect of the environment within his jurisdiction.
"So, you cannot come here and give us reports of other agencies and say ‘I have no responsibilities’. You do have responsibilities," Ledama said.
Kilonzo Jr added: "It appears to us, governor, which is very sad, that the county government of Nakuru appears to either, from my own impression, want to protect ."
Kinyanjui interjected quickly and said the committee was making conclusions even before he responds to the questions the committee sought answers on.
"You have given me seven questions. I have barely answered one (and) you are quick to make conclusions. I also want to say we are not so naive."
He went on: "You don’t want me to answer (yet) you stop me to give me lectures. If the senate has a conclusion to this matter so be it."
"Be impartial if you want us to move forward," he added.
Ledama told the governor that he wouldn’t have found himself in the position he was in had he constituted a county environmental committee.
He said the committee would easily liaise with the necessary agencies and prepare a conclusive report for him since agencies like Nema are devolved.
"If you had that committee, you would be giving us a different picture," he said.
Earlier, the committee cross-examined the Director of Public Prosecutions Noordin Haji in camera and Solai Dam owner Perry Mansukh.
Interior CS Fred Matiang’i, who failed to show up on Tuesday over official commitment, was expected to appear before the team Wednesday afternoon.
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