The states case against Patel dam owner Perry Mansukh Kasangara on Thursday started off on a shaky note after a magistrate in Naivasha declined to hear the case.
The owner of the tragic dam presented himself to the Naivasha court on Thursday morning accompanied by the farm's general manager Vinoj Kumar.
They were to face charges of manslaughter, a capital offence that can only be heard before a High Court.
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It is not clear why the state presented Mansukh and his co-accused before a magistrate's court when they knew that they were facing a capital offence that can only be heard by the High Court.