Gas company owner, three Nema officials arraigned over Embakasi explosion
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.
The proprietor of the Mradi Gas Company in Embakasi where a deadly explosion occurred on Thursday night has been arraigned at the Milimani Law Courts in Nairobi.
Mr Derrick Kimathi was presented before Senior Principal Magistrate Dolphina Alego alongside three officials of the National Environment Management Authority (Nema).
The three Nema officials are Joseph Makau, David Warunya On'gare, and Marian Mutete Kioko.
The deadly explosion that happened at midnight killed six people and left more than 300 nursing serious injuries.
The Director of Public Prosecutions sought to have the four detained for 21 days to enable a team of investigators to conclude the investigations.
Prosecuting counsel Dorcas Rugut and James Gachoka disclosed that the four are being investigated for murder, conspiracy to commit a felony, negligence of duty and abuse of office.
Mr Gachoka urged the court to detain the suspects for 21 days, saying the incident was of great public interest.
Mr Gachoka further said before the suspects were arrested on February 5, 2024, they had gone into hiding.
"The 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 are alleged to have committed the offences within four years between January 1, 2020, and February 2, 2024, at Maxxis Energy Nairobi Limited in Embakasi sub-County, Nairobi County.
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.
Hearing of the case continues.
