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{
    "id": 848349,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/848349/?format=api",
    "text_counter": 252,
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    "content": "(7) Further investigations be made against the owner(s) of Milmet Dam and subsequent prosecution for failing to conduct and Environmental Impact Assessment (EIA) study on the Milmet Dam between the year 2004-2018, contrary to Section 58(2) and Environmental Management and Coordination (Amendment) (2015) Act (EMCA) (8) That the DPP and DCI investigates public officers cited in this Report for contravening Article 232 of the Constitution and the Public Officers Ethics Act and the Public Service (Values and Principles) Act and for conspiracy to mislead the public, their respective authorities and the Committee. Officers to be investigated are not limited to the following- 1. Mr. Mohamed Shurie - the Chief Executive Officer (CEO) WARMA; 2. Eng. Boniface Mwaniki - WARMA; 3. Mr. James Chepolet - NCA; 4. Mr. Tompkins Odo - Ministry of Water; 5. Mr. Joshua Nkanatha - County Commissioner, Nakuru County; 6. Mr. Justus Kavita - DCC, Subukia; and, 7. Mr. Charles Kiragu - Chief of Solai Location. (9) That the Governor of Nakuru County and all governors gazette the County Environmental Committees within the next three months under Section 29 of EMCA. (10) Further, prosecution of the Owner(s) of Milmet Dam for contravening section 54 of EMCA by failing to disclose material information on Milmet Dam in the Self-auditing Reports of 2004-2018. In all those reports, they failed to disclose that they had a dam. (11) We have further recommended for enhancement of the penalties in Section 143 of EMCA so that the person who is found to have befouled the environment can be punished so much and so punitively that everybody will learn a lesson. Madam Temporary Speaker, it is our conviction that the owner(s) of the dam can afford Kshs4 million and not restore Solai Dam. That punitive measure is not enough. We have further proposed, through this Committee, that we draft a Bill to establish the Meteorological Department in an Act of Parliament because as it is, they do not have an Act of Parliament. We have said so in our Report. This is because all the warnings they gave that there would be heavy rains in Nakuru were ignored. In the meantime, we have further proposed and recommended that the national Government officials named in this Report for attempting to pay off the Solai victims, by causing them to sign indemnity forms in the pretext that it was consolation, be suspended. These are the Nakuru County Commissioner, Mr. Joshua Nkanatha; the Subukia Deputy County Commissioner, Mr. Justus Kavita and the Chief of Solai Location, Mr. Charles Kiragu. Madam Temporary Speaker, we have also recommended, in Paragraph 15, that the Chief Justice directs that the suit by the NCA be expedited. The NCA was unable to complete the soil sampling of Solai Dam because Perry Mansukh and his cohorts refused to give them access, even after this Committee ordered them to conduct an audit through a dam expert. That is impunity. Madam Temporary Speaker, we have also recommended, in Paragraph 16, that Parliament expedites the passing of the Disaster Risk Management Bill. We have 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."
}