Embakasi gas plant owner to be locked up for 21 days
The owner of Mradi Gas Company Derick Kimathi (right), Joseph Makau, David Walunya Ongare and Marrian Mutete at the Milimani Law Courts on February 6, 2024.
What you need to know:
- Derrick Kimathi will be detained alongside three officials of the National Environment Management Authority.
- The deadly explosion caused the death of six people and left more than 300 nursing serious burn injuries.
The proprietor of the gas plant in Embakasi where a deadly explosion killed six people and injured several others will be held in police custody for 21 days.
Mr Derrick Kimathi, who is the owner of Maxxis Energy Nairobi Limited, will be detained alongside three officials of the National Environment Management Authority (Nema), who were also arrested in connection to the incident.
In giving the ruling, the presiding magistrate Dolphina Alego directed that Mr Kimathi, Mr Joseph Makau and Ms Marian Mutete be detained at Embakasi Police Station.
However, Mr David Warunya On'gare will be detained at Capitol Hill police station for 14 days to enable him to access medication whenever needed.
The magistrate concurred with state prosecutors Dorcas Rugut, Harbert Isonye, Sonnia Njoki, and James Gachoka that the matter is of immense public interest.
She said the court takes judicial cognizance that six lives were lost and more than 300 people are nursing serious burn injuries.
She added that the police need to be given ample time to finalise their Investigations. The case was fixed for mention on February 28, 2024.
On Tuesday, the Director of Public Prosecutions (DPP) had sought to have the four detained for 21 days to enable a team of investigators to conclude with the investigations.
Prosecuting counsels Ms Rugut and Mr Gachoka had disclosed that the four were being investigated for murder, conspiracy to commit a felony, negligence of duty, and abuse of office contrary to the law.
Mr Gachoka said the incident being investigated was a matter of great public interest and a national disaster.
He told the court that before the suspects were arrested on February 5, 2024, they had gone into hiding after the explosion which caused deaths, injuries and massive property damage.
"Police need time to record statements from relatives of the six deceased persons and the injured persons who are traumatised and undergoing treatment in various city health facilities," said Mr Gachoka.
He said the respondents allegedly committed the offences between January 1, 2020, and February 2, 2024, at Maxxis Energy Nairobi Limited.
The prosecutor also said the deaths occurred on the nights of February 1 and February 2, 2024, arising from a massive explosion that also caused damages running into tens of millions of shillings.
The application to detain the four for 21 days is premised on an affidavit of the lead investigator, Chief Inspector Isaac Tenai, who told the court that the Investigations will cover a vast area that is now littered with debris.
"I urge this court to allow police to detain the suspects for 21 days since the bodies of the deceased were burned beyond recognition and postmortem has not been done," Mr Tenai submitted in court.
He said police also need time to rummage through the debris to establish the magnitude of the damage and possibly recover more bodies that may still be trapped at the scene which has since been secured.
He added that liquid petroleum gas cylinders at the scene need to be assessed and analysed at the government laboratory to determine their purity.
Mr Tenai further said the safety of the suspects is paramount as members of the public are curious and keen to see victims and families of the deceased get justice.
Mr Gachoka applied to have the suspects remanded for 21 days so that they do not interfere with the ongoing investigations.
However, the defence lawyers, led by Karathe Wadungi, Odero Okello and Kaveta Mwanzia, opposed the application to have their clients detained for 21 days, saying it would be a violation of their constitutional rights.
They applied to have the suspects freed on bond pending completion of the investigations, saying their clients would comply with the conditions imposed by the court.
"All the four suspects surrendered to the police after learning they were being sought over the incident," said Mr Odero.
“The fact that the suspects surrendered on their own volition is a sign of good intention," said Mr Wandungi.
