DPP accuses Solai Dam suspects of intimidating witnesses

Some of the suspects in the Solai Dam tragedy at a Naivasha court on July 9, 2018. /COURTESY
Some of the suspects in the Solai Dam tragedy at a Naivasha court on July 9, 2018. /COURTESY

The DPP has accused Patel farm owners and some government officers of threatening key witnesses in a case where nine suspects are charged with 48 counts of manslaughter.

This emerged in an application where the DPP is seeking that the case be transferred from Naivasha to Nairobi due to the alleged interferences.

The State has also expressed its concern on the safety of the prosecution team. The application was filed before High court Judge Richard Mwongo in Naivasha on Monday.

The application, however, was not heard after it emerged that some parties involved in the case where 48 lives were lost had not been served.

State counsel Catherine Mwaniki, in an affidavit, accuses the management of Patel coffee estate (farm) and WARMA officers of tampering with the scene.

She further alleges that some of the key witnesses had been transferred and others threatened, with the assistance of the local administration.

Mwaniki said the situation has made it hard for the Witness Prosecution Agency to access them.

"The prosecution team's security, in view of the circumstances, is at high risk. In the interest of justice, we pray that this case be transferred to Nairobi," reads the affidavit in part.

The affidavit further accuses the local administration of meeting the witnesses noting the Nakuru and its environs were not secure areas for the prosecution counsel and the trail court.

During case, there was a heated exchange of words between lawyer Tom Ojienda - for farm owner Perry Manusukh, and state counsel Alexander Muteti.

Ojienda told the court that on four occasions, the state had failed to provide the defence lawyers with witness statements as ordered.

He told the court that the case' transfer from Naivasha was meant to escape orders issued by the lower court.

However, Muteti accused the defence lawyer of misleading the court adding that all that the ODPP was only seeking transfer orders.

He said that the High court seating in Narok had directed that the matter be placed before judge Mwongo for directions on the DPP's supplication.

The judge ordered that all parties be served first with the application set to be heard on September 18.

In the case nine suspects including Manusukh are charged with 48 counts of manslaughter, failing to prepare an environmental impact assessment report and neglect of duty.

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

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