- Those that will not be legit from the order of the court requiring the re-opening are Juja Energy Limited, Viki Energy Limited, Milele Gas Limited, Max Gas Limited, and Topline Traders Limited.
- The order will remain in force till the determination of the case filed by the Commission for Human Rights (petitioner).
Image: FILE
The High Court has ordered the re-opening of 16 gas plants that were shut down following the Embakasi gas explosion tragedy in February this year that left seven people dead.
Justice Lawrence Mugambi directed the Energy Regulatory and Petroleum Authority (EPRA) to unseal the LPG storage and dilling plants of the 16 if their licenses ar still valid.
The 16 as listed in the decision of the high court are Viji Filings Limited, Tydes General Merchants Great Lakes Commodities Limited, Tanga Logistics, Tanga Energy Solutions Limited, Power Gas Limited, Crescent Energy Limited, Pure Gas Limited, Gas and Lubricants Trading Kenya Limited, Sure Gas Energy Limited, Kendal energy solutions limited, Mo Gas Suppliers limited, Murimi Investment Limited, Gicomu Gas limited, Hazina Energy Solutions Limited and Instagas Limited.
Those that will not be legit from the order of the court requiring the re-opening are Juja Energy Limited, Viki Energy Limited, Milele Gas Limited, Max Gas Limited, and Topline Traders Limited.
"For this five, I am persuaded that reasonable cause has been demonstrated and that notices in the form of notice to show cause in respect of alleged criminal offences had been issued against them spelling out the intended action," said the Judge.
The order will remain in force till the determination of the case filed by the Commission for Human Rights (petitioner).
The petitioner filed the case in court following the closure of the plants.
It took issue with how EPRA exercised its mandate in regulating the plants and ultimately sealing them off.
The judge in issuing the orders said the unfortunate incident on 1st February 2024 in Mradi area, Embakasi is not an excuse to disregard the law in dealing with the licensed dealers.
"The incident should be seen as a wakeup call to the licensing authority to be more scrupulous in the assessment of the would-be licensees and in enforcing the conditions of licence which must however conform with the legal requirements rather than a knee-jerk reaction," he said.
The Judge stated that EPRA being a regulatory body must be conscious of the rights and demands of Article 47 before taking adverse action against any of its licensees.
Article 47 states that:
"Every person has the right to administrative action that is efficient, lawful, reasonable and procedurally fair."