Merxcine Cush
Lawyer Evans Monari who is representing Patel Dam owner Perry Mansukh demeaned the senate committee by stating that the senators should let the courts deal with the matter and that they were not to present any evidence before the committee.
“The charges my client is facing carry a life sentence. That cannot be joked around with. We feel the courts should be allowed to deal with this issue. We are objecting to giving any evidence to this committee.” the lawyer stated.
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His utterances angered Nairobi senator Johnson Sakaja who said that should he fail to cooperate then he would be declared a hostile witness as per parliamentary rules. He assured the lawyer that the questions that would be asked would not determine the outcome of the court cases.
Monari said that they had both criminal and civic actions against them and the civil society was also after them and asked to concentrate on those.
The chairman of the committee Senator Mutula Kilonzo said that they had not taken a judicial role but were on a fact finding mission after the Cabinet secretary stated that the dam was illegally constructed without a license.
“Monari, you are not helping Mansukh. We have no intention of taking Judiciary roles. We are only making inquiries and this is not because the information is not available. All you needed to do is confirm the reports,” he said.
The lawyer continued by saying that a license cannot stop the rain and refused to give information that they had given the courts.
“A licence cannot stop the rain. A license cannot stop boulders from going downstream.”
The committee said that they had questions that they had and said they did not want to be distracted
“Chair, we had specific questions. Let’s not be distracted… we will be derailed by other matters…” Sakaja said.
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