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{
    "id": 798570,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/798570/?format=api",
    "text_counter": 141,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "The Water Act of 2002 created the Kenya Water Resources Management Authority (WRMA) as a semi-autonomous Government institution and a key State Corporation under the Ministry of Water. WRMA’s overall development objective is to ensure rational and effective management of water resources. However, the questions that come to mind are how earth dams are licensed and whether there are regular inspections and adherence standards which dam owners must comply with. There are also regulations on construction, usage, sharing of the dam water and even the insurance aspects in relation to such dams. WRMA is squarely on the spot for sleeping on their mandate. As a regulatory authority, in this regard, the buck is on their table. The very acknowledgement that WRMA knew of the dams, that there have been visits to the Solai Farm and that there have been reports on the concerns noted and the actions called for points to a very carefree approach and attitude on the part of the authority, especially in the Nakuru office. How could they just leave the owner of the dam escape their demands to first regularize them, meet the set standards and allow the officials access for regular inspection? The blame game witnessed so far between the farm management and WRMA has not helped explain why 47 lives have been lost. The legality of the dams is clearly in doubt. WRMA officers allege that WRMA has ordered them to regularize the ill-fated dams. This is utterly ridiculous and irresponsible, to say the least. How can they license a structure whose construction they did not inspect? These dams are expected to be insured in the event of such eventualities of bursting the embankment walls and causing deaths and destruction as the Solai Dam has done. Mansukul Patel, the owner of the illegal dams, must be held accountable. He should by now have been arraigned in a court of law as we have seen with the owners of buildings that collapsed, killing Kenyans. If found culpable, he must compensate all the families for the losses suffered. The order by the Cabinet Secretary for Water and Sanitation needs to be followed for inspection with immediate remedial actions of dams across the country. It is unfortunate that the Solai Dam will call for a task force and indeed the said inspection of earth dams in the country, a further wastage of public resources as a result of officers’ negligence and business people who are a law unto themselves. These deaths could have been prevented and the destruction of property could have been avoided had WRMA acted decisively on the residents’ complaints of spillage in 2015, which caused a scare, though no life or property was lost. Had they taken action, these occurrences two years later would have been prevented. There is a principle on destruction of environment, especially on pollution which is called the “polluter pays” principle. This principle, indeed, compels any person, be it an individual or corporation, to compensate for any pollution. Their actions by omission or commission, may lead to pollution of the environment. As the Senator for Nakuru, a leader and a mother, I cannot comprehend how the families now camping at Solai High School in tents will normalize their lives. How are those poor people expected to pick up their pieces and move on with life? What pieces The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}