The owner of the Embakasi gas plant that exploded, killing 10 people, has been charged with manslaughter along with his employee.
Mr Derrick Kimathi Nyamu, the owner of Maxxis Energy Limited, and his former employee Stephen Kilonzo Mutie were arraigned before Milimani Principal Magistrate Gilbert Shikwe on Monday.
In the first count, the two were charged with causing the death of Evans Oduor on the night of February 1 and 2, 2024, in Mradi area of Embakasi, Nairobi County, together with others not before the court.
The duo were also charged with the deaths of Martin Simiyu Walumbi, Vallary Nyandiko, Charles Macharia, Ann Nyaguthi Muriuki, Simon Mulongo Nyongesa, Mirriam Onyango, Stanley Vulimu Chasia, Austin Chibin Shicanda and Flora Njeri.
The prosecution, led by Mr James Gachoka, told the court that the accused's unlawful acts of establishing and operating a gas cylinder refilling plant without a licence from the National Environmental Management Authority (Nema) caused the deaths of the said 10 people during the explosion.
Mr Gachoka said the blast also caused damage running into tens of millions of shillings as vehicles and buildings were destroyed and more than 300 people sustained serious burns.
The victims were suffering from trauma sustained during the blast, Mr Gachoka told the court.
The prosecution did not oppose the release of the accused on bail, but urged the court to consider the weighty issues involved in the case.
Defence lawyers Wandungi Kirathe and Ndegwa Njiru pleaded with the court to be lenient in setting bail conditions.
"I pray for lenient bond terms to be granted to the accused persons considering that the business which belonged to Kimathi was gutted down by fire during the blast where he lost everything," Mr Wandungi submitted.
Mr Njiru added that the accused were victims of circumstance and prayed the court to consider this while releasing them on bail.
He urged the court to maintain the initial cash bail of Sh500,000 granted by the court as investigations continue.
"The accused persons have been out on cash bail of Sh500,000 each and I would request this court to maintain the same terms considering they have been cooperative with investigators," Mr Ndegwa urged.
Mr Shikwe released the accused on Sh3 million bond each with a surety of a similar amount or alternative cash bail of Sh1 million with two contact persons each.
The matter will be mentioned on January 29, 2025, for pre-trial directions.
