According to Nakuru Governor, Lee Kinyanjui the water from the dam has caused massive destruction of both property and life.
Government statistics released yesterday showed that more than 220,000 people have been displaced by flooding as heavy rains hit the country after three consecutive failed rainy seasons had left it in drought.
Houses in the area were also swept in the incident at about 9 pm leaving at least 500 families and 2,500 people were affected.
"We have recovered 38 bodies and many people are missing".
Interior Cabinet Secretary Fred Matiangi flew from Nairobi to lead the operation on Thursday morning and was set to issue a statement over the tragedy at the private dam used for irrigation and fish farming.
The mega dam is located inside the farm of prominent farmer Mansukul Patel in Solai.
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This comes as weather experts are warning of more heavy rains in the next few days in an unusual departure from traditional weather patterns.
Kenya Red Cross said on Twitter it had rescued 39 people.
The unusually heavy rains began in March and have so far killed at least 132 people.
Among villages affected are those in the farmlands of Nyakinyua, Endao, and Arutani where hundreds of people were displaced. Caught between different extremes, millions of Kenyans are in dire straits.
The floods have also destroyed road networks in some parts of the East African country and in some cases the military has stepped in to airlift residents from submerged houses. Military helicopters and personnel have for the past week been deployed to rescue people marooned by the flooding.