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{
    "id": 800208,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/800208/?format=api",
    "text_counter": 28,
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    "content": "by the WARMA that they knew of the dams and that there had been visits to the farm but they had been refused access and the fact that there had been reports on the concerns noted and the actions called for points to a carefree approach and attitude on the part of the authority, especially the ones in Nakuru County Office. The committee will also be tasked with finding out whether the WARMA maintains a record of visits to all the farms and what they do when they are not allowed to access the farm. They will also delve into how this House can establish whether in the first place the officers ever visited the Solai Farm and what they did once they were refused entry. Is it just that once they are chased away then they leave never to go back and not do anything anymore? Those are some of the questions that the select committee will seek to unravel. So far, the blame game that has been witnessed between the farm management and the WARMA has not helped explain why 48 lives were lost as we speak. The legality of the dams is also clearly in doubt. The WARMA officers stated that they had ordered Mr. Patel to regularize the ill-fated dams to which a farm manager had retorted by a one- line sentence that the dam was already licensed. The truth is yet to be ascertained. It is utterly ridiculous and irresponsible to say the very least. How can they license a structure whose construction they do not inspect? Are the dams expected to be insured in the event of such eventualities of bursting the embankment walls and causing deaths and destruction as the Solai Dam did? It is very unfortunate when a state corporation acts in such a manner. It is very uncaring of the threats to life posed by the dams and it could be the same case across the country. Therefore, action must be taken now before it is too late. The underlying reason behind this Motion is that a few weeks ago, it was Nakuru and specifically the people of Solai who bore the brunt of this kind of impunity towards human life. Tomorrow it could be in another part of the country. This House has to take remedial action that will help to mitigate and prevent future occurrences of such disasters. After the disaster happened, the Cabinet Secretary for Water and Sanitation saw the need to order for inspections and review of licensing of earth dams in the country. It is most unfortunate that the Solai Dam Tragedy had to happen for the Ministry to wake up from slumber and statutory neglect. It is my hope that the Cabinet Secretary will not call for a task force. Indeed, the said inspection of earth dams in the country is further wastage of public resources as a result of the officers’ negligence. The deaths could have been prevented and destruction to property could have been avoided had the WARMA acted decisively on the residents’ complaints of spillage in 2015 which caused a scare though no life or property was lost at that time. Had they taken action, the occurrences two years after would have been prevented. Compensation for the victims of the Solai Dam Tragedy has been mentioned and no one is ready to state matters as they are. There is a principle on destruction of the environment, especially on pollution, called; the Polluter Pays Principle. The principle compels any person, be it an individual or corporate, to compensate for any pollution caused by their actions; if their actions, either through omission or commission, may lead to pollution of the environment. I am drawing upon this principle because as the Senator for Nakuru, I cannot comprehend how the families will normalize their lives. 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."
}