The case against nine suspects arrested in connection with the Solai dam tragedy, is yet to kick off, eighteen months after it left 48 people dead.
The State Counsel and Director of Public Prosecutions (DPP) failed to appear at a Naivasha court during the case hearing on Wednesday, forcing the magistrate to postpone the case.
The suspects in the case filed an application to have the case thrown out after the DPP did not appear in court.
In the case, Solai dam owner Perry Kanasagara and his farm manager Vinoj Jaya Kumar are being charged together with seven others over the Solai dam tragedy.
Kanasagara and Kumar through their lawyer Fredrick Masinde wanted the case thrown out arguing that the DPP was holding them at ransom.
Lawyer F.I Mburu also asked Naivasha Chief Magistrate Kennedy Bidali to dismiss the charges against his clients, arguing that they are suffering as they wait for the case to start.
Lawyer Mburu said the office of the DPP is delaying the case by its frequent adjournments, despite the dramatic arrest of his client adding that the State counsel should be cited for contempt for failing to appear in court.
“The suspects are entitled to a speedy trial, but the office of the DPP is not interested in this and we are asking the court to allow the matter to proceed to full trial or dismiss the case.”
“There was drama and publicity as the eight suspects were arrested but they have been left to suffer at the expense of the DPP and the only remedy is to dismiss the case,” said Mburu as quoted by Standard.
The case is set to be heard on December 5, 2019.
The seven other suspects in the case are; Johnson Njuguna, Luka Kipyegen, Winnie Muthoni, Jacinta Were, Tomkin Odhiambo, Willice Omondi and Lynette Cheruiyot.
The nine are being charged with 48 counts of manslaughter and failure to prepare environmental impact assessment reports for the dam.