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{
    "id": 800220,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/800220/?format=api",
    "text_counter": 40,
    "type": "speech",
    "speaker_name": "Sen. Mutula Kilonzo Jnr.",
    "speaker_title": "",
    "speaker": {
        "id": 13156,
        "legal_name": "Mutula Kilonzo Jnr",
        "slug": "mutula-kilonzo-jnr"
    },
    "content": "Thank you Mr. Speaker, Sir. I also support the Motion to set up a Select Committee and thank Sen. Kihika for the initiative. At some point, it appeared as if the quest to get justice by Sen. Kihika was being challenged by some of our colleagues in the National Assembly. This is timely to the extent that matters concerning water provision are entirely our jurisdiction as a Senate and we must get to the root of this matter. The principles of law which govern where a person keeps a reservoir or a dam, like in this case, are as old as history itself. When applying the principle of Rylands versus Fletcher on keeping a reservoir, where a reservoir like this one ended up in somebody’s mine, the civil liability of Mr. Patel is beyond doubt. He is liable for the deaths and damage caused to every family and we must say so. It is important that the people who faced this tragedy get to know that they have limitation of time. They do not have all the time to finish this process. They have three years to file a civil suit under the law of tort for them to be paid. This is urgent because in 2014, 32 people lost their lives in Makueni when somebody sold them liquor that was nicely packaged. There was mourning and lofty statements, like the ones I heard in Nakuru; these statements were made but nothing happened. The person who supplied that liquor became a phantom and was never put to task. In fact, I am surprised that the owner of this dam and farm was given such a high profile position in newspapers about the Corporate Social Responsibility (CSR) that he does. This is what these people do. They keep dangerous things like sinking a dam with 2 million litres of water, like in this case, on a hill or a slope with a mud wall. They then employ people and educate a few children once in a while, and all of a sudden, they become a god and untouchable. He is said to have been well connected to all the regimes. How did one individual have 2 million litres of water on a hill that has a mud wall? It is beyond science. This thing was going to collapse at some point. It is nothing but greed. We have taken greed to the extent that human lives do not matter. The story of the two young boys; one a Kikuyu and the other one a Kalenjin, who held on to each other until the water passed while they watched another child drown next to them will replay in their memories for the rest of their lives. If we do not take action, somebody in WARMA or the national Government will cover it up. We have forgotten about Solai and we are now dealing the case of Ngirita. We have forgotten about 48 Kenyans who have no fathers, mothers or children. We do not even know where they are sleeping. Instead, we have a girl with nice hair on our news every day. Next is the Kenya Pipeline Company and that is the tragedy of this nation. People have forgotten about Solai and we must investigate this matter. There are two instances where this Senate did something of this nature and it has come to pass. The first one was on the issue of Kenya Airways. The Senate must be prepared because the National Assembly and other people will fight this Committee tooth and nail, and, therefore, we must work quickly. They fought us when we were looking into the issues at Kenya Airways and what was the result? Kenya Airways went under 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."
}