Nine suspects charged with the death of 48 people after Solai Dam in Nakuru burst its banks four years ago have a case to answer.
Naivasha Chief Magistrate Nathan Lutta put the nine on their defense after listening to 36 State witnesses in a case that has dragged on for years.
In the case, the farm owner Perry Manusukh and the others, are charged with 48 counts of manslaughter and neglect of duty.
The other eight are Vinoj Jaya Kumar, Johnson Njuguna, Luka Kipyegen, Winnie Muthoni, Jacinta Were, Tomkin Odo Odhiambo, Williec Omondi and Lynette Cheruiyot.
They are charged that on May 9, 2018 in Solai Nakuru, they neglected duty and failed to prepare an environmental impact assessment report leading to the deaths.
While putting the nine on their defense, the magistrate noted that based on the documentary and witness accounts, the suspects had a case to answer.
"Based on the evidence adduced by the 36 State witnesses, this court places the accused on their defense and is ready for a full hearing," he said.
During the proceedings, there was a heated moment after the defense team objected to an application by witness counsel to be adjoined in the case.
Counsel Kelly Marenya had applied to the court to be allowed to cross-examine the defense witnesses when they appeared before the court.
Marenya told the court that throughout the case, the witnesses who were the most affected by the dam incident had been left as bystanders.
"Under the Witness Protection Act, the Solai Dam victims have the right to be heard and this can be done during the cross-examination of defense witnesses," he said.
This was supported by State Counsel Alex Muteti who said that the victims had the right to participate in the case that has been dragging in various courts.
"The victims counsel should be allowed to put in a formal application to cross-examine the defense witnesses when the time comes," he said.
The defense through Senior Counsel Pravin Bowry opposed the application noting that in any case there was only State and the accused persons.
"We shall be opposing this new application which in the past was heard and determined in this court and we shall be presenting several witnesses in our defense," he told the court.
The magistrate directed the victims counsel to file his application within seven days and for the defense to reply in another seven days.
The case will come up for mention on the 11th of May.
