The Director of Public Prosecution has moved to the High Court to appeal the ruling that acquitted nine suspects charged with manslaughter in the Solai dam tragedy.
This comes two days after a Naivasha court set free the nine suspects accusing the office of the DPP of failing to prosexcute the case.
The DPP however termed the decision unfair saying it was an abuse of the rights of the victims of the Solai dam tragedy.
Naivasha Chief Magistrate Kennedy Bidali who acquitted the nine however dismissed a petition by the KHRC commission seeking to be enjoined in the case.
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Bidali noted that the ruling which freed the suspects had covered the issues of the petition noting that in the past victims had sworn an affidavit against been represented in the court.
The magistrate however declined to issue orders by the defense seeking to have sureties of the suspects discharged and their bond terms vacated saying that this would be handled by the upper court.
In the case Perry Manusukh Kanasagara the farm owner and the others were charged with 48 counts of manslaughter on 9th of May 2018 in Solai Nakuru and failing to prepare an environmental impact assessment report.
The other eight are Vinoj Jaya Kumar, Johnson Njuguna, Luka Kipyegen, Winnie Muthoni, Jacinta Were, Tomkin Odo Odhiambo, Williec Omondi and Lynette Cheruiyot.
State Counsel Alexander Muteti said that they had already gone to the High Court to seek the revision of the case which has been going on for the last eighteen months.
He said that they would be seeking orders to annul the ruling by the magistrate so that the case can proceed to its logical conclusion.
“The decision by the court to acquit the nine accused under section 210 of the criminal procedure code is improper since the prosecution had not tendered any evidence,” he said.
Victims of the tragedy said the decision by the magistrate to dismiss the case was unfair saying they would lodge a complaint with the JSC over the conduct of the magistrate.
