Nairobi County gov’t, NEMA and EPRA sued over Embakasi fire

One month has passed since life as the residents of the Mradi area of Embakasi East constituency knew was tragically shaken and changed.

On the night of 1 February, a gas cylinder filling depot, situated in the heart of the residential area, exploded sending balls of fire high up in the sky, and spreading over a wide densely populated area.

By the time the fire was contained, over ten people would lose their lives. Hundreds of others suffered serious burns that have continued to claim lives, some deaths coming as late as last week.

Now, the residents through Francis Mureithi are seeking justice in the courts of law. Mureithi is taking NEMA, the Nairobi City County, the Attorney General, Energy and Petroleum Regulatory Authority, Maxxis Nairobi Energy and the Ministry of Energy to court.

In the suit, Mureithi alleges that the six entities failed to carry out their duties diligently, exposing the residents of Mradi to the tragedy that befell them.

The petitioner says NEMA, Nairobi city council, the Ministry of Energy and EPRA failed the people of Mradi by allowing the licensing and operation of the gas refill facility within a residential area.

The Nairobi County government is further blamed for failing to adequately protect the residents of Mradi from harm occasioned by the operation of the gas refill facility as well as failing to respond in a timely and expeditious manner to the fire tragedy amongst other breaches.

Maxxis Energy, the business entity operating the refill facility, on the other hand, is accused of failing to ensure that the activities taking place at the property were undertaken in a safe manner.

They are also facing accusations of failing to provide treatment, housing and compensation to the victims of the gas blast.

Collectively, the petitioner says the six defendants, caused the loss of life for at least ten people, violated their right to human dignity by exposing them to the danger of living in close proximity to flammable material, and by forcing them to abandon their homes in the wake of the blast amongst other violations.

To cure this, the petitioner is asking the courts to order the six to provide alternative land or shelter for those affected by the fire, grant them access to quality medical treatment and medication, settle their current and future medical bills, pay general damages to all families who lost loved ones, those who suffered physical or mental injuries, and those who suffered loss and damage to their properties.

Just last week, the owner of the gas refill facility Derrick Kimathi was arraigned alongside three NEMA officials who are accused of illegally issuing him a license to operate.

The matter will come up for directions in the High Court on the 29th of May this year.