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"speaker_name": "Sen. Wetangula",
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"content": "Thank you, Mr. Deputy Speaker, Sir. I join the House in condoling the people of Nakuru, their Senator, their county government and all the people of Kenya who have lost their loved ones. This tragedy is of a very huge proportion because lives have been lost. I urge those who are involved in search, rescue and recovery operations not to close the door yet, because chances are that there could be children who could have been swept much further than the areas that they are concentrating on. Secondly, Mr. Deputy Speaker, Sir, rudimentary science and engineering will tell you that when you construct a dam, there must be a spillway so that when the dam is full, there is a valve through which extra water can flow downstream. Did this dam have a spillway? If it did not have one, then it probably was not constructed in a proper manner. When the Water Bill came here, I cautioned that we are creating too many institutions within this field of water which will keep on piling on each other and not doing the right things. I am sure that if there were periodic inspections of these dams, this disaster would probably have been averted. Thirdly, Mr. Deputy Speaker, Sir, people do not just wake up and construct dams, even if it is in your private property because you must seek approval and technical supervision. Was this done in relation to this dam? Fourthly, Mr. Deputy Speaker, Sir, as a professor of law you know that the culpability of this disaster should not be limited to that Mr. Patel. Even the national Government is vicariously liable for not doing its supervisory role properly and letting people own dams that are unsafe. Therefore, the compensation for the victims must go beyond the Patel we are talking about. The national Government must also move in and support the compensation process because where there is a constructive relationship of agency and principle, the culpability of the principle and the agent is equal. 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."
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