A Naivasha court has allowed Patel Farm owner Perry Manusukh to travel to India and Sudan after a fifth attempt.
Principal magistrate Esther Kimilu asked the DPP and the defence team to find ways to allow the suspect to travel out of the country without always involving the court.
Manusukh is among nine people charged with 48 counts of manslaughter following the Solai dam tragedy in Nakuru in May. He was released on Sh5 million bond.
Kimilu said time is wasted when the prosecution and the defence teams argue over whether or not the businessman should be allowed to travel.
The magistrate said the prosecution had failed to block Manusukh from the leaving the country in four previous attempts.
Manusukh told the court he intends to travel to Sudan between November 29 and December 5
He had applied to have his passport returned so that he can travel to India between December 6 to 11 to visit his young son.
However, in an affidavit sworn by state counsel Victor Owiti, the DPP said Manusukh is a flight risk. He wants his bond terms reviewed.
The prosecution questioned the businessman’s frequent trips out of the country.
Owiti said there is no extradition treaty between Kenya and the two countries, which could complicate the case if the suspect absconded court.
Manusukh and his co-accused are also charged with failing to prepare an environmental impact assessment report.
Others suspects are Vinoj Jaya Kumar, Luka Kipyegen, Johnson Njuguna, Winnie Muthoni, Jacinta Were, Tomkin Odo Odhiambo, Williec Omondi and Lynette Cheruiyot.