NAKURU, Kenya, Nov 18 – Kenya Human Rights Commission (KHRC) has presided over an out of court agreement for the families of 47 victims who lost their lives in the Solai Dam tragedy.
The tragedy that occurred on the night of May 9, 2018 after a Milmet dam at the vast Patel Coffee Estate broke its embankment gushing millions of gallons of water through five villages and leaving a trail of destruction, injuries and deaths.
Yesterday, the dam owners agreed to compensate every family that lost an adult in the tragedy Sh1.2 million and Sh800,000 for every family whose child died.
KHRC started the negotiations on October 19, 2023 after Naivasha Chief Magistrate, Nathan Lutta where the case has been going on for the past five years gave the victims an opportunity to talk to Patel family and have an out of court settlement.
The negotiations involved the victims’ families, office of the Director of Prosecution (ODPP), defense lawyers and the dam owners.
Lutta had found the nine people accused with the case of manslaughter with a case to answer and the matter was headed to defense hearing.
The nine accused persons are Patel Coffee Estate Director, Perry Mansukh, Vinoj Jaya Kumar, Johnson Njuguna, Luka Kipyegon, Winnie Muthoni, Jacinta Were, Tomkin Odhiambo, Williec Omondiand Lynette Cheruiyot.
The suspect who included government employees were charged with 48 counts of manslaughter on May 9, 2018 and failing to prepare an Environmental Impact Assessment report.
However, the victims’ families asked the court to allow them a chance to discuss with the billionaire family that has lived in Solai area of Rongai Sub-County of Nakuru.
It is on record that the Patel family has been in good terms with the surrounding communities while establishing various development projects for them such us water supply, schools and road construction.
Yesterday, KHRC Program Manager Mary Kambo said the matter was referred to arbitration following a written request from the victim’s families.
”Chief Magistrate Lutta agreed to the request mainly because it was initiated by the affected families who had been suffering since 2018,” she said.
She said Mansukh had initially proposed to pay Sh500,000 for adults victim and Sh300,000 for children victim which was objected by the families.
She said the victims’ families were made to understand that human life could not be valued and that finding closure was important for healing.
Kambo said the trial was a constant reminder of the tragedy for the victims’ families.
