CSs Soipan Tuya, Chirchir Sued Over Embakasi Gas Explosion

In a petition they filed, all residents of the affected area, two agencies and Cabinet Secretaries have been put on the spot for violating the residents' rights and allowing the unlawful erection of the gas plant.

CSs Soipan Tuya, Chirchir Sued Over Embakasi Gas Explosion
Screengrabs of a huge explosion reported at Embakasi, Nairobi on February 2, 2023. /VIRAL TEA KE

Six victims of the tragic gas filling plant explosion at Mradi area of Embakasi East constituency, Nairobi that killed over 10 people and injured 300 others have sued two Cabinet Secretaries and state agencies over the matter.

The six are seeking justice, accusing the national government of negligence. In a petition they filed, all residents of the affected area, two agencies and Cabinet Secretaries have been put on the spot for violating the residents' rights and allowing the unlawful erection of the gas plant.

Among the Cabinet Secretaries sued include Soipan Tuya of the Ministry of Environment, Climate Change and Forestry as well as her Energy counterpart Davis Chirchir.

President William Ruto leading Cabinet Secretaries during a Cabinet meeting on February 14, 2024. /FLORENCE BORE

State agencies sued include the National Environment Management Authority (NEMA), Energy and Petroleum Regulatory Authority (EPRA) and the County Government of Nairobi as well as the Attorney General. Also sued is the gas tank owner.

In their separate affidavits, the victims argued that no appropriate action was taken to address the aftermath of the explosion since most businesses operating near the plant were destroyed.

"I went back to check on my business - a chapati vending business which was earning me Ksh35,000 monthly - and I found that all my tools of trade were missing. I support my mother and sister financially and I have been unable to support them sufficiently since I lost my tools of trade and I am currently trying to recuperate," said one victim.

The victims want the court to give an order for compensation for the damages experienced from the tragic incident.

This comes weeks after other residents from the same area took NEMA, the Nairobi City County, the Attorney General, EPRA, Maxxis Nairobi Energy and the Ministry of Energy to court, following a petition claiming that the six entities failed to carry out their duties diligently, exposing the residents of Mradi to the tragedy that befell them.

This is as investigation teams so far recorded statements from 363 witnesses, the majority of whom were victims, and have received 265 completed P3 forms from the victims, with an additional 30 victims yet to record their statements.

On February 28, Derrick Kimathi, the owner of the property at Mradi village in Embakasi where the huge gas explosion occurred on Thursday night, February 1, was released by Milimani Principal Magistrate Dolphina Alego on a Ksh500,000 cash bail with an alternative of Ksh2 million bond.

However, Alego ordered Kimathi to surrender his travel documents including passports, seemingly to prevent a case of him leaving the country.

Police had been pursuing seven suspects in connection with the explosion, including Kimathi, the proprietor of the illegal gas filling plant and Steve Kioko, Kimathi’s partner. Other than Kimathi, officials from NEMA were suspended and some were arrested.

Kimathi's lawyer had previously dismissed reports that his client was running the premises against the law, indicating that it was operating as a garage and not a gas-filling station.

The aftermath of the Embakasi explosion that occurred on February 2, 2024. /PHOTO