19 June 2018

Kenya: Nakuru MCA Peter Mbae Sues Patel Mansukul Over Solai Tragedy

Kabazi Ward Representative Peter Mbae has sued the owner of the killer Patel Dam that collapsed last month killing 47 people.

The MCA on Tuesday moved to the Land and Environment Court in Nakuru seeking orders to compel the National Environment Management Authority (Nema) to conduct an environmental impact assessment of the dams in the farm and table the report in court within 60 days.

URGENT

In his petition, filed under certificate of urgency, Dr Mbae also wants the court to direct the owner of the farm, Patel Mansukul, to restore the ecosystem within his farm in Solai after the assessment.

He further wants all natural water courses restored in the neighbourhood and a social audit on the dams in Patel farm done within two months to ascertain their suitability.

The suit filed through the law firm of Gordon Ogola, Kipkoech and Company lists Nema , Water Resources Management Authority (Warma), National Water Conservation and Pipeline Corporation, Tindress Patel Coffee Estates Limited and Salt Manufacturers Company Ltd as respondents.

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The Law Society of Kenya has also been enjoined as an interested party in the case.

Dr Mbae has asked the court to supervise the audit so that Kenyans can get the final report about what exactly led to the Patel dam tragedy.

Dr Mbae wants the matter fast tracked arguing that the remaining six dams located in the Patel farm are not in a good condition and their status has not been made known to the public in order to ascertain their safety.

"Given the condition of the dams, there is urgent need for an Environmental Impact Assessment and Social Audit to avoid any future possible loss of lives, injuries and destruction of property," read the petition partly.

REPORT

The petition cites a multiagency report authored through the Ministry of Interior dated May 29, which indicated the Miliment Dam, which broke its walls nearly two months ago was completely breached.

"The said dam had no red clay core and the soil material appeared to be randomly filled that has little or no compaction and the random material appeared porous," the petition said.

It also argues that the dams were built on water ways.

The petition is set to be heard before the court Tuesday afternoon.

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