City Gas Company proprietor Adan Hassan has been charged with refilling gas cylinders of other brands without permission from the owners.
He was freed on bond of Sh5 million with an alternative cash bail of Sh2 million pending re-sentencing following a High Court order of July 2022.
Justice Grace Nzioka, who in July 2022 substituted a fine of Sh300,000 imposed on Mr Hassan with a fine of Sh10 million or a five-year jail sentence, ordered that the trader be retried and resentenced before the Milimani chief magistrate’s court.
Justice Nzioka reviewed the sentence by the magistrate’s court in April 2021, following an application by the Petroleum Institute of East Africa (PIEA).
In 2022, Mr Hassan was arrested and charged with illegally refilling LPG gas cylinders of other brands without express permission from mother companies.
The trader had been charged with refilling assorted brands of LPG gas cylinders at his firm off Lunga Lunga Road in Nairobi on April 16, 2021.
He allegedly carried out the business without authority from the brand owners.
He had admitted before Ms Kimilu on April 26, 2021, that he committed the offence.
Mr Hassan was charged yesterday hardly 11 days after another gas plant owner, Derick Kimathi, was arraigned following an explosion in Embakasi that left at least seven people dead and over 300 injured on the night of February 1 and 2.
Mr Kimathi has been detained for 21 days by Milimani Senior Principal Magistrate Dolphine Alego.
Mr Kimathi, the owner of Maxxis Energy Limited, was arraigned alongside Joseph Makau, David Warunya On’gare and Marianne Mutete Kioko,
They are being held at the Embakasi and Capitol Hill police stations. As a result of Justice Nzioka’s orders on January 26, the police rearrested Mr Hassan and presented him before Senior Principal Magistrate Esther Kimilu on January 29, who directed that he be detained for 10 days for fresh investigations to be completed.
She directed the case to be mentioned on February 12 for further directions.
When he appeared before Ms Kimilu on February 12, Mr Hassan’s lawyer Julius Anyoka applied for his release on bond.
“Mr Hassan has filed an application to set aside the order he be retried,” said Mr Anyoka.
Ruled Ms Kimilu: “Since the accused has challenged the re-trial and re-sentencing order l will invoke this court's discretion and release him on bond while he pursues his rights before the High Court.” ruled Ms Kimilu.
She directed him to deposit a bond of Sh5m or a cash bail of Sh2 million until April 25, 2024.
Mr Hassan has been charged with illegally refilling LPG Gas Cylinders for K-Gas, Total Gas, Hash, Oilibya, Afrigas, G-Gas and E-Gas.
When he was arrested he had 60 assorted LPG Gas Cylinders which he had re-filled illegally on April 16, 2021, at his City Gas premises.
The magistrate heard the High Court case will be mentioned on February 13, 2024, for further directions.
Mr Anyoka has since filed the application to set aside Justice Nzioka’s re-sentencing orders.