Court stops owner of Solai dam from leaving the county
Managing Director of the Patel Coffee Estates, Perry Mansukh. PHOTO | JEFF ANGOTE
What you need to know:
High Court judge Antony Ombwayo barred Patel Mansukhlal Kansagra from travelling although he had been allowed to fly out by another court pending determination of a fresh case filed under certificate of urgency by lawyer Ronald Onyango for dam tragedy victims.
Mr Onyango told the judge that the victims of the May 9 tragedy were apprehensive that Mr Kansagra might leave the country when their case is yet to be determined. Mr Kansagra recently flew out of the country and returned his passport to the court trying him for the offence of manslaughter alongside others.
Mr Kansagra and others who are out on a Sh2.5 million bond have been directed to deposit their travel documents with the court.
The owner of a dam in Solai that killed 47 people has been stopped from travelling out of the country pending determination of a compensation case filed against him by relatives of the victims.
High Court judge Antony Ombwayo barred Patel Mansukhlal Kansagra from travelling although he had been allowed to fly out by another court pending determination of a fresh case filed under certificate of urgency by lawyer Ronald Onyango for dam tragedy victims.
Mr Onyango told the judge that the victims of the May 9 tragedy were apprehensive that Mr Kansagra might leave the country when their case is yet to be determined. Mr Kansagra recently flew out of the country and returned his passport to the court trying him for the offence of manslaughter alongside others.
Mr Kansagra and others who are out on a Sh2.5 million bond have been directed to deposit their travel documents with the court.
Mr Onyango told the court that the application to restrain Mr Kansagra from travelling was being made in “good faith to avert impending injustice and prejudice that may be meted on the petitioners in the compensation case.”
The court has been urged to compel Mr Kansagra and Solai Group of Companies to deposit Sh5billion in court as security towards the settlement of claims by the victims and costs of the case.
The claimants say their constitutional and fundamental rights were infringed on by various state departments which failed to ensure their safety by the manner in which the dam was build.
The Water Resources Management Authority, which oversees construction of private dams, has admitted that reservoirs on Patel arm lacked approval documents and were illegal.
In the case Mr Kansagra, Solai Group of Companies, Kensalt Limited, Patel Coffee Estate Limited, Vinoj Jaya Kumar, Water Resources Company, the National Environment Management Authority, the National Construction Authority, and the Attorney General are listed as respondents.
Justice Ombwayo has fixed the travel ban case to be heard on August 28.
