Several survivors of the Solai tragedy have said they regret accepting a conditional payout that bars them from pursuing further claims against the owners of the killer dam.
They claimed they were not allowed to study the documents that stated the dam owners would not accept liability despite the payment of Sh100,000 for a life lost, Sh200,000 for semi-permanent structures and Sh1 million for permanent structures destroyed.
The survivors said they were desperate for cash. They were required to sign the documents to receive the money. They said they were surprised to later learn that the documents they had signed were discharge and indemnity forms intended to cushion the dam owner, Mansukh Patel.
Some of those who spoke to The Standard said they were not given time to read through the document they were asked to sign at the office of the Solai assistant county commissioner in the presence of Rongai Deputy County Commissioner Julius Kavita.
Local politicians
Senior Government officials and local politicians supervised the signing of the forms by the survivors of the tragedy that swept three villages including Energy, Nyakinyua and Nyandarua, killing 47 people.
Joseph Gathogo, who lost four children, signed for Sh400,000.
"I signed without reading because there was no time. We were picking up Sh50,000, from the national kitty, when we were also told to sign for the other money from the farm owners," said Mr Gathogo.
The survivors had been invited to the office of the assistant county commissioner on June 28, when they were also asked to sign the indemnity form.
"The dischargee herein accepts the said monies, contemplated under clause 4 herein above and further consents that the estate of the said deceased person shall never have any claim against the dischargor herein," reads part of the clause in the three-page indemnity form.
Clause 4 in the form states that the settlement was full and final arising from the dischargor's (Kensalt Limited), as gesture of goodwill based on humanitarian grounds.
"The dischargee do hereby recognises that the dischargor has neither legal obligation to make any settlement of whatsoever nature, and that this settlement is being effected by the dischargor purely on humanitarian grounds and that the same shall neither be construed to amount to compensation by the dischargor herein nor shall it whatsoever amount to an admission of liability on the part of the dischargor," reads the form.
Gathogo yesterday said had he read the form and understood what it meant, he would not have signed off the deaths of his children for a pittance.
"My children were my treasure. They gave me joy and made me work hard each day," said Gathogo.
"I am now hopeless and ashamed that the value of the death of my children was equated to Sh100,000," he added.
Another survivor, Isaac Muna, asked why the management of the farm had decided to play with the psychology of mourning survivors.
Mr Muna lost his wife, Nancy Muthoni, while his 16-year-old daughter had a fractured limb.
“Why would the owners of the dam take advantage of our desperation to give us peanuts in the form of compensation? Why did government officials supervise the whole thing, knowing very well we were being exploited?” asked Muna.
The resident of Nyakinyua village also lost a semi-permanent house and valuables, including an incubator for poultry production. The top soil of his 1.5 acre piece of land was swept away.
“I signed for a cheque of Sh100,000 for the death of my wife, but I have yet to sign for Sh200,000 for the house because I feel cheated,” Muna said.
Mariana Wangechi's mother, Tabitha Wairimu, 55, died, and her house was swept away.
Ms Wangechi said she signed for Sh100,000 for her mother and Sh200,000 for the house.
"Our house was fully furnished and equipped, but we have no otherwise because we have no powers to fight Patel," said the 25-year-old.
Another survivor, Simon Njenga, who signed Sh1 million for his permanent house, said it was difficult for him to resettle after the loss.
Mr Njenga said his three-bedroom house constructed six years ago was worth Sh2.5 million.
His car was also damaged.
“What can Sh1 million do? I lost my house, property and vehicle. I pray that God shall fight for us because we have become the victims of Patel and the Government,” said Njenga.
Arrest order
Director of Public Prosecutions Noordin Haji yesterday ordered the arrest and prosecution of the managing director of Kensalt Limited and Patel Coffee Estates Limited, Perry Mansukh Kansagara, to answer manslaughter charges.
He is among the managers of the farm and top government officials whom the DPP recommended should be charged.
The charges include manslaughter, neglect of official duty and failing to prepare an environmental impact assessment report.
The indemnity agreement between the survivors and Kensalt, on behalf of the dam owners, states that they shall not make any claims and the farm owners are not obligated to make any settlement.
Others who signed the document include Esther Wanjiku, Geoffrey Kahuria, Teresia Njeri, Tabitha Wangechi and David Kimani.
The matter has caused a rift between government officials and politicians.
The survivors said they felt cheated and abandoned by the Government.
They said that on May 16, they were full of hope as President Uhuru Kenyatta, accompanied by top government officials, came to console them during the burial of their loved ones.
The President together with his deputy, William Ruto, assured those affected that the national government would give the necessary support to help them rebuild their lives.
Subukia MP Samuel Gachobe has asked the Ministry of Interior and National Government to investigate senior government administrators in Nakuru County.
Mr Gachobe said the officials, including the Rift Valley regional coordinator, Mongo Chimwaga, and County Commissioner Joshua Nkanatha, should be probed over last week's payout.
“CS Fred Matiang’i should open up investigations into government officials over the payout issued to the Solai dam survivors last week facilitated by Patel farm owners and overseen by some government officials. Most of the survivors were coerced to sign the documents without a lawyer,” claimed Gachobe.
He said although the two government officials distanced themselves from the agreements, they were privy to the planned payout.
Nkanatha and Chimwaga have distanced themselves from the matter still under investigation, saying they were only privy to the Sh50,000 payment from the Sh1 billion government kitty that was offered to flood victims countrywide.
Gachobe questioned the interests of Bahati MP Kimani Ngunjiri, whom he claimed had been visiting the survivors.
“I am warning Ngunjiri to stop making political mileage out of the Solai tragedy. The MP comes to my constituency without informing me.
Top officials
“Desperate locals were under duress to sign for the money from Patel,” said the MP.
However, Mr Ngunjiri said the document between the survivors and the Patel farm management was agreed privately and that he had nothing to do with it.
He said he had been helping the survivors, "just like other wellwishers who stood behind them and marshalled whatever resources they could manage to help".
“Gachobe should not feel threatened. I went to assist the locals because they needed help and not to gain political mileage,” said the MP.
Signing the discharge and indemnity document means the survivors have forfeit any claims and that Patel is discharged of all responsibilities.
"Once they sign, it means they have no other legal claim against him. Those who agreed to sign cannot go to court," said lawyer Wahome Thuku.
Mr Thuku, however, said there were exceptions as the right to life and serious injury cannot be indemnified, unlike lost property. He said one could still sue for lives lost even after signing an indemnity and discharge document.
