The owner of killer Solai dam in Nakuru Perry Mansukh Kansagara has succumbed to Covid-19 complications at the Aga Khan Hospital.
The dam, officially known as Patel Milmet Dam, burst its banks in May 2018 killing 48 people. Consequently, Kansagara was charged with murder alongside eight others.
In February 2020,a Naivasha court acquitted Kansagara and the eight of murder charges that had been launched due to death of at least 48 people in the Solai dam tragedy.
In his ruling, Naivasha Chief Magistrate Kennedy Bidali stated that the court had arrived at the decision over the lack of “willingness” by the Office of the Directorate of Public Prosecutions (ODPP) to prosecute the case.
The magistrate noted that 48 months since the case kicked off, the prosecution had failed to produce witnesses/witness statements denying the suspects right to a fair trial.
This, he said, made it nearly impossible for the court to make progress on the matter as adjournments were the order of the day.
“The court has on various occasions set aside twelve days for the case to be heard only for the prosecution to miss out without giving a proper explanation,” he said.
The magistrate added, “No court should be held ransom by the office of the DPP and the accused have the right to fair and speedy trial but the prosecution has time and again proved it was not ready to handle this case.”
He pointed out that the ODPP had in 2019 indicated that there were plans to enter into a plea bargain with the owners of the dam, but by the time of making the ruling no report had been tabled before the court.
Despite state counsel Catherine Mwaniki stating that the ODPP will appeal the ruling, nothing has happened to date.