The Office of the Director of Public Prosecutions (ODPP) has requested that the solai dam tragedy that left 48 people dead be dismissed and settled out of court.
The ODPP stated in a Certificate of Urgency that the victims and those accused had struck an out-of-court settlement in which families who lost adults will receive Ksh.1.2 million from the owner and those who lost children will receive Ksh.800,000 each.
This was revealed during the ongoing prosecution of Solai Farm Perry Manusukh and eight others, who were accused on May 18, 2018 with 48 charges of manslaughter and failing to complete an environmental effect assessment report.
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Vinoj Jaya Kumar, Johnson Njuguna, Luka Kipyegen, Winnie Muthoni, Jacinta Were, Tomkin Odo Odhiambo, Williec Omondi, and Lynette Cheruiyot are the other eight.
The ODPP sought the withdrawal of the criminal case through State Counsel Alex Muteti, despite the fact that the court had previously heard the nine defendants.
Muteti told Naivasha Chief Magistrate Nathan Lutta that the victims and the defendants had met multiple times through their lawyers to discuss compensation.
While urging the court to hear the application, he observed that the issue had dragged on for six years, emotionally and financially draining all parties involved.
Muteti informed the court that under the arrangement, the victims would be reimbursed in cash, while the criminal and civil cases against Manusukh would be dropped.
Advocate Ferdinand Masinde told the court that they supported the ODPP's plea and that all of the victims involved had signed the agreement.
He said that the farm owner had already formed an account and placed the appropriate compensatory escrow-cash to demonstrate his commitment to resolving the issue outside of court.
The victims' lawyer, Hagai Chimei, supported the plea to withdraw the case, saying that all parties had agreed to an out-of-court settlement.
The magistrate will issue his decision on the 23rd of november.
