A section of victims in the Mradi area gas explosion has gone to court to sue the state for negligence. The victims want compensation for injuries, loss of life, and environmental degradation from several state agencies.
The gas explosion that occurred in Embakasi East Constituency on February 2, 2024, caused severe burns, property damage, and loss of lives. Up to 12 people lost their lives in the explosion, with scores suffering injuries and property damage.
The victims (Newton Mwaka, Samuel Owino, Kennedy Kyalo, Kennedy Otieno, Geoffrey Obegi, and Alvin Mwendwa), who are residents of the Mradi area in Embakasi, now demand compensation for all the damages.
The Victims have sued several parties, including the cabinet secretary for Energy and Petroleum, David Chirchir and the cabinet secretary for Environment, Climate Change, and Forestry, Soipan Tuya. They’re also suing the County Government of Nairobi, Attorney General Justin Muturi, and the owner of the gas tanker, Mwangi Nguyo.
According to the petitioners, NEMA admitted guilt when it publicly declared that its officials irregularly issued the plant an environmental impact assessment license.
Embakasi gas explosion fire
While EPRA stated that they rejected the gas plant’s application for construction, they still failed to ensure that the rejection was enforced and that no plant was constructed. This also puts them on the victims’ list of negligent parties.
EPRA and The Cabinet Secretary for Energy failed to inform NEMA, the Ministry of Environment, and other state agencies of the rejection of the application by Derdlos Petroleum Ltd.
Pearlyne Omamo of ADRA LLP Advocates filed the petition on behalf of the six victims before Justice Chacha Mwita. The victims claim that the parties violated their Fundamental Rights and Freedoms. They seek compensation for the damage to their health, loss of lives, and environmental damage.
In his ruling, Justice Mwita ordered that the relevant agencies be served immediately and a response be filed within 14 days. The petitioners will then have another 14 days after the filing of the response to serve a supplementary affidavit.
Even though the owner of the gas refilling company, Derrick Kimathi, has been released on bail after being arrested, the victims are yet to get justice.
The victims are left to fend for themselves after losing their loved ones, suffering severe burn injuries, and losing their sources of livelihood. Their only hope is that the court will give an order for compensation for the damages they incurred.
