Two of the nine suspects charged with causing the deaths of 48 people in Solai, Nakuru, a year ago are now seeking an out of court settlement with the DPP.
Solai dam owner Perry Manusukh Kanasagara and his farm manager Vinoj Jaya Kumar want the 48 charges of manslaughter dropped and a way forward found.
This development came as the courts set September 2 to 6 as the days to hear the case that has stagnated for over a year. Two protected witnesses will testify.
The parties are set to meet on August 2 to address issues raised by the two accused and seek the way forward.
According to state counsel Catherine Mwaniki, the DPP's office had received a letter seeking for the meeting over the matter pending at the Naivasha law courts.
Mwaniki told Naivasha chief magistrate Kennedy Bidali that they were ready to listen to the accused before making the decision.
“This is like a plea-bargain where the accused plead guilty but are given a lesser sentence depending on the charges facing them,” she said.
The accused lawyer Boniface Masinde confirmed the application to the DPP saying that both parties would brief the court during the next hearing.
“We have written to the DPP so that we can have a meeting and seek how the charges facing Manusukh and Vinoj can be settled out of court,” he told the court.
In the case, nine suspects are charged with 48 counts of manslaughter and failing to prepare an Environmental Impact Assessment report.
The other seven are Johnson Njuguna, Luka Kipyegen, Winnie Muthoni, Jacinta Were, Tomkin Odo Odhiambo, Williec Omondi and Lynette Cheruiyot.
During the hearing of the case, the magistrate granted an application from the accused lawyers seeking that they report to the offices of the DCI once every month.
“The accused will be reporting to the DCI office every first Friday of the month and not twice as was the case before,” he said.
Bidali further ordered that Manusukh and Njuguna, who is the director of Water in Nakuru, be handed back their passports to travel out of the country.
Manusukh has a legal matter to attend to in India and is expected to return his passport by August 30, while Njuguna will accompany his wife to the same country for treatment.
(edited by O. Owino)
