Four NEMA officials sacked in probe over illegal gas plant

The National Environment Management Authority (NEMA) has fired four of its officials for issuing license to the illegal Embakasi LPG facility.

The four officers include the director of Environmental Compliance, Acting Deputy Director of Compliance, Senior Environmental Officer-EIA Section and Head of Environmental Impact Assessment (EIA) Section.

In a statement on Saturday, NEMA board of management chairman Emilio Mugo said there were some serious gaps in the issuance of the license to the LPG plant.

It noted that the LPG project in question was licensed as medium risk as per regulation by the Director of Environmental Compliance.

"After a thorough assessment of the licensing procedure and processes, the Board of Management has noted with great concern some serious gaps in the issuance of the license to the LPG plant in question," Mugo said.

"Further, preliminary investigation has revealed that four NEMA officers unprocedurally processed the license and are therefore culpable. The Board therefore directs that the implicated officers step aside immediately pending further investigation by the relevant government agencies."

According to NEMA, they received an EIA project report proposing the installation and operation of an LPG plant. The facility was to be located at Embakasi, off North Airport Road, Nairobi County.

However, the project was classified as medium risk as per regulations. The project report was released to different authorities on April 25, 2022, for sectorial review and comments to guide NEMA on the licensing process.

The Authories include; the Energy and Petroleum Regulatory Authority (EPRA), Director of Physical Planning-Nairobi City, Water Resources Authority, Directorate of Occupational Safety and Health, Nairobi City Water and Sewerage Company and Director of Urban Planning and Development.

Mugo said a review of the project was done on July 28, 2022, where a number of issues were raised for the project proponent to address.

The issues included clarity on the land ownership and providing evidence of undertaking consultation with immediate neighbours of the Nyayo Estate Residents Association.

"On August 22, 2022, the project proponent through the project lead environmental Assessment Expert responded to the issues raised on July 28, 2022. On February 1, 2023, the Project Proponent submitted a comprehensive EIA report with potential impacts identified and mitigation measures proposed in the Environmental Management Plan," Mugo said.

He added that a record of the decision was made on February 2, 2023, to issue the proposed project with an ElA license.

"The license was issued with mandatory EIA license conditions for the project proponent to comply prior to commencement of the Construction Works of the LPG Plant/Facility," he said.

However, after a thorough assessment of the licensing procedure and processes, the Board of Management noted that there were some serious gaps in the issuance of the license to the LPG plant.

The sacking of officials came just moments after President William Ruto ordered action against those who issued a licence to the gas plant that killed three and left over 280 people injured.

Speaking in Kakamega County on Saturday, Ruto said the government officials must be held accountable for allowing an illegal plant to continue operating in a residential area even after its cancelled licence.

"Kenyans have been injured and others have died. The fellows who are involved in this, the Ministry must immediately take action against them. They must be dismissed and prosecuted for the crimes they have committed," he said.

EPRA on Friday confirmed that the illegal gas plant which left three people dead and over 200 injured was operating illegally.

According to EPRA, it had rejected all applications for construction permits of the LPG gas plant but the facility continued with the operations.

It called on relevant government agencies to commence an immediate investigation into the four officers.