Lawyers clash at review of Solai dam case collapse
The Office of the Director of Public Prosecutions (ODPP) has been accused of lacking interest in the Solai dam case, in which all the nine suspects were acquitted two weeks ago.
This came as lawyers questioned the jurisdiction of the High Court to review the decision by a lower court, saying this was against the law.
In their submissions before High Court Judge Richard Mwongo in Naivasha, the defence team said the ODPP should carry the blame for the collapse of the highly-publicised case.
Through lawyer William Arusei, the defence told the judge that the DPP had for over 18 months held the lower court at ransom. He said despite the court setting several dates for the case to be heard, the State Counsels did not show up and when they did they always sought adjournments.
The advocate further said the court did not have the jurisdiction to review the case, saying the ODPP should have appealed against the ruling of the lower court.
His sentiments were echoed by lawyer Fredrick Masinde, who noted that the DPP failed to inform the court on the status of the plea-bargain negotiations between the State and two of the accused persons.
However, State counsel Alex Muteti denied that they were to blame for the collapse of the case and instead faulted the magistrate who acquitted the suspects.
He said victims of the dam incident were not given a chance to have their case heard while two petitions by Kenya Human Rights Commission (KHRC) seeking to be enjoined in the case were never determined. “The grounds given by the lower court in acquitting the suspects are flimsy, there is litany of errors in the judgement and this was gross injustice to the victims,” he said.
The judge rule on the matter on March 17. The move comes barely two weeks after Naivasha Chief Magistrate Kennedy Bidali set the nine suspects free for lack of ‘willingness’ and support from the DPP office in prosecuting the case.
In the case, Perry Manusukh Kanasagara— the farm owner— and the other supects had been charged with 48 counts of manslaughter on May 9, 2018 in Solai, Nakuru and failing to prepare an environmental impact assessment report. The other eight were Vinoj Jaya Kumar, Johnson Njuguna, Luka Kipyegen, Winnie Muthoni, Jacinta Were, Tomkin Odo Odhiambo, Williec Omondi and Lynette Cheruiyot.
