Legal Blaze: Nairobi County, NEMA, and EPRA Face Lawsuit After Embakasi Inferno
It’s been a month since the lives of the residents in the Mradi area of Embakasi East constituency were tragically disrupted and altered.
On the evening of February 1st, a gas cylinder filling facility located in the midst of a residential neighborhood experienced a detonation, propelling fiery projectiles into the sky and extending across a broad, heavily populated region.
When the blaze was finally brought under control, more than ten individuals had perished. Additionally, numerous people endured severe burns, with the repercussions persisting and resulting in fatalities, including some reported as recently as last week.
Currently, the inhabitants, led by Francis Mureithi, are pursuing legal recourse to attain justice. Mureithi is bringing NEMA, the Nairobi City County, the Attorney General, the Energy and Petroleum Regulatory Authority, Maxxis Nairobi Energy, and the Ministry of Energy to the courts.
In the lawsuit, Mureithi claims that the six organizations neglected their responsibilities, resulting in the unfortunate incident that affected the residents of Mradi.
The person filing the complaint alleges that NEMA, the Nairobi City Council, the Ministry of Energy, and EPRA neglected their responsibility to the residents of Mradi. This negligence is attributed to the approval and functioning of the gas refill facility in a residential zone.
The Nairobi County government is also criticized for not sufficiently safeguarding the inhabitants of Mradi from the dangers posed by the functioning of the gas refill facility. Additionally, it is accused of not responding promptly and efficiently to the fire incident and various other violations.
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Maxxis Energy, the organization managing the refilling facility, is being charged with neglecting to guarantee the safe execution of activities conducted on the premises.
They are additionally accused of neglecting to offer medical care, shelter, and compensation to those affected by the gas explosion.
The petitioner alleges that the six defendants collectively led to the death of at least ten individuals. Furthermore, they are accused of infringing upon the victims’ right to human dignity by subjecting them to the risk of residing near flammable materials and compelling them to evacuate their homes following the explosion, among other violations.
To address this issue, the petitioner is seeking the court’s intervention to compel the six individuals to furnish alternative land or housing for those impacted by the fire. Additionally, the petitioner requests that the court ensure access to high-quality medical care and medications, settle both present and future medical expenses, and provide compensation for general damages. This compensation is intended for all families who lost loved ones, individuals who endured physical or mental injuries, and those who suffered losses or damage to their properties.
Only a week ago, Derrick Kimathi, the proprietor of the gas refill facility, was brought to court along with three NEMA officials, facing allegations of unlawfully granting him a license to conduct operations.
The matter will come up for directions in the High Court on the 29th of May this year.
Legal Blaze: Nairobi County, NEMA, and EPRA Face Lawsuit After Embakasi Inferno