Dark day as Solai dam victims left to lick their wounds

What was supposed to be a moment of closure for victims of the Patel Dam tragedy turned into a moment of disappointment, heartbreak and one that has left them with more questions.

With Chief Magistrate Kennedy Bidali’s verdict, fresh wounds were opened.

Mr Joseph Gathogo lay dejectedly on grass on Monday deep in thought. The decision of the court brought back grim memories of his loss. Four children gone, and now justice is elusive.

Mr Gathogo was one of the 46 victims of the 2018 Patel Dam tragedy, who had travelled to Naivasha to attend the hearing of the case against Patel Coffee Estates Managing Director Perry Mansukh Kansagara, General Manager Vinoj Jaya Kumar and seven others.

COMPENSATION

Their hopes were that though the wheels were grinding slowly, justice would finally reach them, two years after the raging waters of Solai came down, leaving a trail of destruction.

“I lost four children and I am still in pain. The acquittal is like a backstab for me. I am really frustrated,” he told the Nation.

His children aged between one month and eight years were killed after the dam burst its banks, sweeping through villages.

“I expected justice for my children … may their souls rest in peace,” he murmured, swallowing the bile that rose to meet with rage at the thought of his children.

Mr Gathogo said he trusted that the victims would be compensated through a court process but with the acquittal, his hopes are dashed.

Another victim, Mr John Mwangi, was also in a quandary following the acquittal.

He lost his wife in the night tragedy while he and his two children suffered life-threatening injuries.

“Alas! I have now words. I was among the victims who wanted to be enjoined in the case, and the acquittal is a shocker to me,” he said outside the court.

DPP LAXITY

He narrated how the children are yet to cope with the death of their mother, saying that they were seeking to be enjoined in the case so that they could narrate their ordeal.

“Honestly speaking, I am still confused. All our hopes have gone up in smoke,” he said.

During the interview, he was still glued outside the court corridors, saying he wanted to read the ruling to fully understand what led to the acquittal.

He however accused prosecutors of failing to attend several court sessions, occasioning adjournments — a fact the court pointed out — urging the Director of Public Prosecutions (DPP) to appeal the ruling.

Among the 46 Patel dam victims who travelled to Naivasha for the hearing was 90-year-old Lucy Waithera Njoroge, whose quarter-acre farm was destroyed by the floodwaters.

“At my advanced age, I have no one to depend on. I relied on the small farm for upkeep. I am not sure of my next move. I appeal to the government to come to my aid,” she said.

JUSTICE NOT SERVED

Mr Stephen Kuria, whose two acres of coffee worth more than Sh4.8 million were destroyed, was also dismayed, wondering why prosecutors delayed prosecuting the case.

“It was upon the prosecution to put its house in order. As victims, we have been left exposed, with no hope going forward. It is a dark day for us,” the farmer said.

Mr David Kariuki, a clinic owner, was also pained by the court decision, saying he was yet to pick up the pieces since the incident occurred.

“This is a miscarriage of justice, and we just hope that the appeal will be expedited,” he said.

Lawyer Benson Barongo, who represented some of the victims, took issue with the ruling, saying some of the applications pending before the court were yet to be handled.

“There were indications that lawyers representing the accused were willing to explore a plea bargain, and I feel the court might not have dealt with all the applications,” he said.

Mr Kansagara, Mr Kumar and seven others were facing 48 counts of manslaughter. They were released by a Naivasha court on July 9, 2018 on a Sh5 million bond or an alternative of Sh2.5 million cash bail.