Water Cabinet Secretary Simon Chelugui has disclosed official reports concerning the Solai dam that burst and left 46 people dead.
Hundreds of residents were also left homeless.
The CS said the construction of the Solai dam in Nakuru was not licensed and therefore illegal.
He disclosed the reports when he appeared before the Senate committee which is chaired by Makueni Senator Mutula Kilonzo Jnr.
He told the committee his Ministry has no records showing the presence of a dam on Mr. Perry Mansukhlal’s farm in Solai.
Chelugui said the Ministry had inspected and assessed the dam after the fateful tragedy and found anomalies in the records and what was on the ground.
He also disclosed that the Water Resources Management Authority (WARMA) had never inspected the dam since its construction 13 years ago.
His appearance comes barely a week after the Senate team kicked out officials of the Water Resources Management Authority (WARMA) from its sittings after they failed to give details of measures they have taken to prevent a repeat tragedy.
Chelugui statements contradict remarks made by Vinod Jayakumar, a senior manager at the farm who defended the construction on live TV interview saying that the dams were not illegal.
"The farm has existed for almost 60 years and the dam which collapsed has been there for almost 20 years. Just because it happened you can't say it is illegal," said Mr Jayakumar.