Water Resources Management Authority (WARMA) Rift Valley region manager Simon Wang'ombe declared that the Solai Dam project that killed scores on Wednesday night was illegal.
Speaking to the press on Thursday, the official stated that numerous attempts to have the seven-dam project regularised had been ignored by the owner.
"For the last one year, we have been trying to engage the company on how to legalise the dams but they have been reluctant.
"As far as we are concerned, the dams are illegal," he stated.
Mr Wang'ombe explained that the authority had approached the Solai Roses and Coffee Estates Limited on numerous occasions concerning a dam that was close to the Solai shopping centre over leaks that had spilt onto a nearby road.
"We had been pushing him to repair that one but this other one we did not anticipate," he explained.
The law requires all privately-owned dams that exceed five metres height to be regulated by the authority, however, the assessments were never carried out.
In 2015, one of the dams on the project burst its walls and soaked neighbouring farms leading to protests by the locals but no lives were lost at the time.
Mwangi Wangai, a resident of the area, told the Daily Nation that residents living downstream from the project had voiced their concerns over lack of water supply on numerous occasions but very little was done.
Deputy President William Ruto on Thursday noted that the water projects were key to promoting agriculture urging that due procedure must be followed.
"Safety measures should be addressed during construction of dams," he urged.