- The petitioners argue that Nema's public admission that its officials irregularly issued environmental impact assessment licence for the plant is an admission of guilt
- Part of their prayers is that the court gives an order for compensation for damages to their health, environment and for the loss of lives
Image: EZEKIEL AMING'A
A section of victims of the Embakasi gas explosion that claimed more than 12 lives and left hundreds injured have gone to court, seeking government compensation for negligence.
The suit puts four government agencies at the centre of the disaster and accuses them of violating the rights of residents by allowing the irregular and unlawful construction of the gas plant.
The agencies cited include the National Environment Management Authority, Energy and Petroleum Regulatory Authority and the County Government of Nairobi.
Also sued are the Attorney General, Cabinet Secretary for Environment, Cabinet Secretary for Energy and the owner of the ill-fated gas tanker, Mwangi Nguyo.
The petitioners argue that Nema's public admission that three of its officials irregularly issued environmental impact assessment licence for the plant is an admission of guilt.
“The highlighted public statements constitute a public admission of negligence and serious lapses by the 2nd to 6th Respondents regarding the irregular and unlawful construction and operation of the LPG,” the suit reads in part.
Although Epra had publicly stated that it had twice rejected application for the construction of the gas plant, the victims say it failed to ensure the application “was not just cosmetically rejected but enforced by ensuring that indeed no construction occurred.”
“The Cabinet Secretary for Energy and Epra failed to communicate and inform other relevant state agencies, more particularly the Ministry of Environment and Nema, that they had rejected the application by Derdlos Petroleum Ltd.”
The petition was filed by Pearlyne Omamo of ADRA LLP Advocates on behalf of six victims, some of who survived severe burn wounds on the fateful night on February 1.
These are Newton Mwaka, Kennedy Kyalo, Samuel Owino, Geoffrey Obegi, Kennedy Otieno and Alvin Mwendwa, all residents of Mradi Area in Embakasi East sub-county.
Part of their prayers is that the court gives an order for compensation for damages to their health, environment and for the loss of lives.
The proprietor of the gas refilling company — Maxxis Nairobi Energy Limited —Derick Kimathi who was arrested after the tragedy has since been released on bail.
However, residents, some of whom lost their livelihoods and left with compromised health, were left on their own.
In their separate affidavits, the six petitioners have given a horrendous account of the fateful night.
“A few minutes after the blast, I woke up and realised I had been unconscious. Those around me told me I had fainted and added that we needed to run. I tried running but after a few meters, I suddenly realised I could not step down as my legs were burnt. With the help of a few good Samaritans, I dragged myself to the nearby Randell hospital but unfortunately, when I got there it was full,” Mwaka recalls.
He says he and his wife have been forced to stay at a friend’s place since his house was totally burnt down.
“I was supporting my wife and father financially but currently I am not able to do so because I am still recovering and not fit to resume work,” Mwaka said.
His is not different from the story of Kyalo, a chapati vendor who also lost everything after the tragedy.
“I took my phone, closed the door and started running towards Embakasi village together with other residents,” Kyalo said.
“As we were moving towards Embakasi village, I heard a second blast and suddenly felt hot air over my body. As a result of the blast as well as the hot air, I fell down. On waking up, I realised my skin was peeling, specifically on my hands and back.”