Dam case acquittals betrayal - Daily Nation

The public outrage against the acquittal of the owners, managers and government officials arraigned over the fatal Solai Dam tragedy in Nakuru County is understandable. The court ruling is a betrayal of the 48 people who died, the bereaved families and the thousands displaced when the dam burst, sweeping away nearby homes. Justice has not been done.

It is to the courts that people turn in search of justice when aggrieved. They should be the least bothered by legal or administrative hitches as that is not their responsibility. There are people assigned to ensure that the delivery of justice is not hampered by considerations with little bearing on the crux of the matter. We understand the anger of Director of Public Prosecution Noordin Haji and are pleased that he has vowed to appeal the decision.

The magistrate acquitted the eight suspects citing “lack of cooperation” from the DPP’s Office, which he blamed for frequent adjournments. He said little progress had been made in one and a half years as no witness had been produced in court. Mr Haji, terming the ruling unreasonable, saw a ploy to acquit the suspects as attempts to transfer the case to Nairobi had been frustrated.

These arguments matter less to those who deserve justice in this case. After all, they have no control over the procedure.

It is court decisions such as this that erode public confidence in the Judiciary as the arbiter in criminal and civil disputes. Letting the suspects off the hook over an administrative or technical hitch in the judicial process is tantamount to punishing the victims.

In this case, somebody, or several people, must be held to account for their apparent negligence. The court case must proceed, with fairness to both parties, to its logical conclusion.