Several dams on the expansive Patel farm in Solai, Nakuru, were constructed illegally as no environmental impact assessment (EIA)was done.
Environment CS Keriako Tobiko said this on Tuesday when he faced the ad-hoc committee probing the May 9 tragedy in which 48 people died. He said
this was revealed after an environment control audit was conducted between July 3 and 5.
Tobiko said the audit was carried out by an inter-agency team made up of representatives from the Water Resources Authority, Nema and other agencies.
Among the dams around the farm are Main House, Centre, Moi, Nursery,
Spring, Game sanctuary, Garage, Tindresh, and Marminet.
On Tinderesh dam, for instance, Tobiko said there was no record of EIA that should have been done before construction. He added that there wasn't a
self-audit by the owner.
“There was no record of any EIA license being issued,” he said, adding there should be laws on criminal liability for those who do not self-audit.
He likened this to the filing of tax returns and said "if you submit false information, there should be criminal liability.”
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The CS further said there was evidence of modification of Tindresh dam as its height was increased.
He said the spill was high above water levels meaning the dam ended up holding more water than expected.
But he said the dam in safe since it was drained to its natural level.
The CS said the ministry formulated regulations on dam construction and forwarded them to the Attorney General for implementation so tragedies are prevented.
“The Attorney General is finalising them. This is one of the priority interventions," Tobiko told the committee.
As a control measure, Tobiko said the Water ministry should give a chronological assessment of the dam since 1962 to its present status within 14 days.
“In the circumstances that the Water ministry recommends decommissioning, the proponents undertake and commit an EIA to Nema in 30 days,” he said.
On Marminet dam, he said an EIA licence was also not issued.
“The audit of 2014 has no information about the dam and neither do the subsequent audits of 2015, 2016, 2017.”
Tobiko gave similar recommendations and asked the Water ministry for another chronological report.
He tabled a report by the National Environmental Management Authority which the Mutula Kilonzo Jr committee rejected, terming it defective.
The report recommended a strong environmental restorative order in line with Section 108 of the Nema Act.
It requires that the owner of the killer dam, Perry Mansukh, restores the environment to its original state.
Tobiko, however, told the committee that he will not allow an environmental restoration order that does not include compensation of the victims.
Mansukh and two others are facing 48 counts of manslaughter.
Mansukh, his farm manager Vinoj Jaya Kumar and director of water in Nakuru County Johnson Njuguna were jointly charged before Naivasha Principal Magistrate Joseph Karanja on
July 5.
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