Ex-MP sues Niarobi county, NEMA, EPRA over Embakasi gas explosion

Former Embakasi East MP Francis Mureithi has moved to court seeking orders to have the victims of, and the families of the victims of the Embakasi gas explosion compensated.

In a petition filed before the High Court in Nairobi on Wednesday, Mureithi asked the court to order the respondents to pay general damages to all those who lost their loved ones and those who were affected in any way by a gas explosion.

"Your petitioner humbly prays that this honourable court be pleased to issue an order for exemplary damages payable to families who lost loved ones as well as residents of the Mradi area in Embakasi East Constituency within Nairobi County who were injured either physically or mentally, suffered loss or damage to their properties as a result of the LPG blast or were impacted in any manner whatsoever by the same," the petition reads in part.

Mureithi cited the National Environment Management Authority (NEMA), Nairobi County, Maxxis Nairobi Energy, the Attorney General, the Energy and Petroleum Regulatory Authority (EPRA) and the Ministry of Energy and Petroleum as the respondents.

Maxxis Energy is owned by Derrick Kimathi who is among the suspects in the February 1, gas explosion that left at least three dead and over 300 injured.

Noting that the tragedy could have been avoided if the respondents were diligent in discharging their mandates, he urged the court to find that all six entities jointly and severally breached their duties to the residents of Mradi area and violated their rights.

He also wants the court to order the respondents to provide the victims with alternative quality shelter as they deal with the explosion's effects.

He is also seeking provision with access to quality medical treatment and medication, and settling the bills both present and future.

In an affidavit, the former legislator stated that the surviving victims are struggling with not only physical injuries but also mental illness as a result of the trauma of that fateful night.

He added that most of them have no means to settle their medical bills or buy much-needed medication.

"Indeed, there have also been reports of a lack of drugs to treat burn wounds in county health facilities which is a serious failure of emergency preparedness on the part of the 2nd Respondent (City County)," he states.

He further stated those who are healing outside hospitals have been left to contend with disability, loss of their homes, livelihoods and substantial damage to their businesses.

This is not to mention that they are suffering indignity and apprehension of having their lives upended without means or resources to rebuild their lives.

The court heard that Maxxis was allegedly not properly and lawfully licensed and that it acted inadequately and jeopardised the living standard of Mardi residents.

Mureithi faulted the county, NEMA and EPRA for allowing the energy company to operate under "dubious circumstances despite being situated in a densely populated residential area".

He also held them accountable for failing to monitor the plant's activities or put in place proper surveillance and enforcement actions to avert such disasters as that of February 1.

Further, the court was told of how the responsibility of acting expeditious after the explosion fell on the county, with the former MP alleging that the same was not the case.

"In totality, the respondents’ actions and inactions as well as omissions collectively and individually precipitated the unfortunate events of February 1, 2024, and thus directly led to the contravention of the constitutional rights of the people of Mardi area in Embakasi East Constituency by violating their right to life, right to human dignity, right to own and hold property, and right to a clean and safe environment," Mureithi said.