Some of the Senate Committee members for Land, Environment and Natural Resources looks on as Cabinet Secretary for Water and Sanitation Simon Chelugui with (centre) address journalists after appearing before them at the Flamingo Beach Resort, April 11, 2018.  [PHOTO: GIDEON MAUNDU/STANDARD].

A parliamentary committee has recommended the investigation and prosecution of Water Cabinet Secretary Simon Chelugui (pictured) alongside other Government officials over the Solai dam tragedy.

In a damning report tabled in the Senate yesterday, an ad hoc committee that investigated the tragedy accuses the Government officials and the dam owners of negligence that led to the deaths of 47 people, and obstruction of justice.

The report says the tragedy of May 9 was “a result of deliberate and criminal acts on the part of the owner and neglect of duty, abdication of responsibility conspiracy and concealment by officers of National Environment Management Authority (Nema), National Construction Authority (NCA) and Water Resource Authority (WRA)”.

In indicting Mr Chelugui, the committee also observed there were several inconsistencies relating to licensing, enforcement, inspection and record keeping of the Milmet, Tindress and Baileys Dam.

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Dam licence

“It seems the documents were hurriedly put together in a bid to falsely establish the existence of a licence for a dam or a cover-up of the incident,” notes the report.

The committee has asked the Director of Public Prosecutions and Directorate of Criminal Investigations to investigate the authenticity of the documents submitted to the committee by the CS to determine “if the documents are false or submitted with the intention to mislead the committee”.

The committee chaired by Senator Mutula Kilonzo Jr (Makueni) also wants Perry Mansuhk, who is the Patel Coffee Estates Ltd general manager, Nakuru County Commissioner Joshua Nkanatha, his deputy Justus Kavita and Solai Chief Charles Kiragu prosecuted for abuse of office and obstruction of justice.

The committee claimed Mr Mansukh did not apply and was not granted a permit for a dam on Watkins stream, but he knowingly and unlawfully built Milmet Dam by blocking Watkins stream since 2004 on the basis of a permit for a weir