A Naivasha court has set free the nine suspects charged of causing the death of 48 people in the Solai dam tragedy 2 years ago.
The nine including Perry Mansukh (dam owner), Vinoj Jaya, Jonson Njuguna, Luka Kipyegen, Winnie Muthomi, Jacinta Were, Tomkin Odo, Willie Omondi and Linet Cheruiyot were left smiling after the ruling.
The suspects were facing 48 counts of manslaughter and failing to prepare an environmental assessment report.
The victims who had camped in court were left in tears as the Chief Magistrate Kennedy Bidali made the ruling.
The magistrate lay blame on the office of the Director of Public Prosecution, noting that months after the case started there has been very little progress as adjournments have been the order.
Bidali accused the ODPP of Failing to appear in court hence holding the court at ransom.
He did cite the right to a fair trial for the accused which was being denied from the many adjournments in the process.
“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.
No Witnesses
He further noted that in the 18 months the case has been on, the prosecution has failed to produce a single witness or a witness statement.
“No court should be held ransom by the office of the DPP and the accused have the right to a fair and speedy trial but the prosecution has time and again proved it was not ready to handle this case,” he said.
He also mentioned that the DPP had indicated to seek a plea bargain with the dam owner and to date no report to the court on the same.
In his address to the court, defense lawyer F. I Mburu said finally justice had been served after long months of the suffering, urging the courts to discharge the securities of the accused.
“In the period the nine suspects have not missed any single day and we are asking the court to discharge the sureties of the accused,” he said.
However state council Catherine Mwaniki said they will be heading to court to appeal the ruling.
