The Energy and Petroleum Regulatory Authority (Epra) has been ordered to temporarily reopen 18 gas filling stations that were closed in February, days after a gas explosion in Nairobi's Embakasi area.
In ordering the reopening of the plants, High Court Judge Lawrence Mugambi said that while Epra had a mandate to regulate operators, it should do so within the ambit of the law.
The judge said the petitioner, Mr Julius Ogogoh, had presented a cogent case for the grant of a conservatory order to protect the rights and fundamental freedoms of the operators.
“The unfortunate incident on 1st February 2024 at Mradi area, Embakasi is not an excuse to disregard the law in dealing with the licensed dealers. The incident should be seen as a wakeup call to the licensing authority to be more scrupulous in the assessment of the would-be licensees and in enforcing the conditions of the licence which must however conform to the legal requirements rather than a knee-jerk reaction,” said the judge.
Five other gas filling stations
However, the judge refused to order the reopening of five other gas filling stations, saying the owners had been notified by the regulator before the premises were sealed.
"The exercise of a statutory mandate must be done within the strict confines of the law and in the utmost good faith; it is contrary to the public interest and against the principle of legality for a public body to apply the law in an arbitrary manner," the judge said.
Mr Ogogoh went to court in February, saying Epra's action had caused economic disruption and loss of livelihood for operators and their employees.
Defending the closure, Epra Director General Daniel Kiptoo said the authority had taken a short-term measure to cordon off and close down facilities within 200 metres of residential areas.
Mr Kiptoo said this was done to protect the public pending detailed technical audits and risk assessments of the facilities.
He said some of them were found to have committed various offences, including refilling LPG into cylinders of other brand owners without consent and loading the same into an unlicensed LPG transport vehicle driven by an unlicensed driver.
Mr Kiptoo pointed out that some of the operators were in possession of unsealed LPG cylinders and the facilities had to be closed pending investigations.
He urged the court to take cognisance of the unfortunate incident of February 1, 2024, when an LPG truck exploded in the Mradi area in Embakasi, killing six people and injuring 200 others.
Mr Ogogoh, however, said the law required Epra to specify the relevant condition of the licence or permit or requirement of the law that had been breached before sealing off the premises.
He alleged that the Epra acted in contravention of the terms of the licence or permit granted to the operators.
