•The four were detained at Capitol Hill police station pending today's ruling.
•High Court, Justice Chacha Mwita is set to hear a case filed by an activist challenging the implementation of the Social Health Insurance Act, 2023.
Image: The Star
A milimani magistrates court will in the afternoon rule on whether the owner of the exploded Embakasi gas plant and three Nema officials will be detained for 21 days pending a probe into the matter.
The four were detained at Capitol Hill police station pending Wednesday's ruling.
The three Nema officials are Joseph Makau, David Ong'are and Marrian Kioko.
The court is going to rule on whether the three will be detained for 21 days pending the conclusion of the probe into the matter.
Their counsels vehemently opposed their detention saying the fundamental rights of their clients were being violated.
They based their arguments on the presumption of innocent until proven guilty and that the four may end up not being charged after the investigations
The four were on Tuesday arraigned before Chief Magistrate Dolphina Alego with the state seeking detention orders pending completion of investigations.
The 21 days sought is set to allow the Directorate of Criminal Investigations to finish investigations on cases of murder, conspiracy to commit a felony, negligent act causing harm and abuse of office.
Investigation Officer Isaac Tenei told the court that there is fear of the respondents interfering with witnesses and them being a flight risk.
Case challenging the Social Health Insurance Act, 2023 to proceed
At the High Court, Justice Chacha Mwita is set to hear a case filed by an activist challenging the implementation of the Social Health Insurance Act, 2023 as introduced by the Ministry of Health.
Joseph Enock through lawyer Harrison Kinyanjui has argued in his papers that the Social Health Insurance Act, 2023 is unconstitutional since the Executive usurped the role of the Parliament when enacting the new law.
He argues that there was no proper public participation before the said acts law was enacted.
Judge Mwita had last year issued orders stopping implementation of the Social Health Insurance Act, 2023; The Primary Health Care Act, 2023 and The Digital Health Act, 2023 until February 7, 2024.
However, the matter was appealed by CS Health Susan Nakumicha who successfully obtained orders suspending those of the High Court.