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"content": "in this village and at the another neighbouring village in pitch darkness. In the process, it destroyed everything in its path, including a primary school and power lines. This dam was holding a bigger quantity of water than it was designed to. The killer dam is owned by Mansukulal Patel, a farmer in the area. The dam was designed to hold 50,000 cubic meters, but it had over five times this capacity when the walls and embankments – which were being added from time to time without any structural integrity – came apart. Mr. Speaker, Sir, this dam lies adjacent to and draws its water from River Kabazi. The dam also drains its water to another dam next to Kamukunji trading centre. The Patel Farm in Solai has a horticulture farm, a coffee plantation and they are also involved in large scale dairy farming. There is a problem here, particularly on the issue of blocking the rivers in this area and diverting them to a private farm, in this case the Solai Farm. This has the effect of leaving residents in the area at the mercy of the little water that the farm owner then releases and acts as though it is a Community Social Responsibility (CSR) while, indeed, he has blocked all the rivers in the area. In Solai, where the farm is located, access to the expansive farm, including six other mega dams, is strictly restricted. The farm neighbours Marigwe, Nyakinyua, Solai and Kabazi villages; and the very fact of holding water in a poorly constructed upstream dam has been a big danger to the residents of this area. It is also against the Water Resources Management Authority (WARMA) regulations and licensing standards of sharing of water resources. Mr. Speaker, Sir, although the Patel family has been involved in a number of CSR activities like building a classroom at Solai Secondary School and equipping a maternity ward at a local health centre, they have completely denied surrounding communities access and sharing of water, which is their basic right. To make matters worse, there are several dams within their farm; actually a total of seven dams, as the Standing Committee on Security Defence and Foreign Relations determined when they went on the ground for a fact finding mission. What is scary is that the WARMA officials then stated that the only dam that was licenced, in spite of having seven, is actually the one that broke its walls. This then makes one wonder what the other dams look like and whether they should be allowed to continue being in place. As we speak and following this tragedy, two of these dams were professionally drained by WARMA officials as they, too, posed great danger to the residents of the area, just like the dam that broke its walls. It will be upon the select committee to find out whether the other dams on the property are legal and whether they meet the required standards of construction, maintenance and capacity for security and safety purposes. The Kenya Water Resource Management Authority (WARMA) is the lead agency that is mandated to manage the water resources in the country. The questions that come to mind are; how do earth dams get licensed? Are there regular inspections? Does the WARMA have adherence standards which dam owners must comply with? What are the regulations on construction, usage and sharing of the dammed water and the insurance aspects in relation to those dams? The WARMA 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 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."
}