Embakasi fire tragedy: Proprietor of gas plant, employee, charged with manslaughter

The proprietor of the illegally operated gas plant that exploded killing more than 10 people in Mrandi village, Embakasi in Nairobi is facing 10 charges of manslaughter.

Derrick Kimathi is jointly charged alongside his employee, Stephen Kilonzo Mutie, who was the plant manager. They are accused of committing the offences jointly with others not before the court.

Kimathi and Mutie are charged with causing the deaths of the 10 on the night of February 1, 2024, by unlawful acts, contrary to Section 202 as read with Section 205 of the Penal Code Cap 63 laws of Kenya.

They are accused of causing the deaths of Evans Oduor, Martin Simiyu Walumbi, Vallary Nyandiko, Charles Macharia and Ann Nyanguthi Muriuki.

Others named among those killed in the night tragedy are Simon Mulongo Nyongesa, Miriam Onyango, Stanley Vulimu Chasia, Austin Shivanda and Flora Njeru.

Some of the victims died at the scene while others succumbed to injuries while undergoing treatment at different hospitals in Nairobi.

Kimathi and Mutie are also charged with unlawfully operating a bulk liquefied petroleum gas (LPG) storage facility without a valid licence from the Energy and Petroleum Regulatory Authority (EPRA).

The two are accused of contravening Section 74 (3) (a) of the Petroleum Act of 2019. The prosecution says the suspects operated the plant jointly with an accomplice at large.

Kimathi is the proprietor of Maxxis Energy Nairobi Limited where Mutie was the manager. The two are out on bond.

The two suspects denied the charges before Principal Magistrate Gilbert Shikwe.

They were released on a bond of Sh3 million each with surety, or an alternative Sh1 million cash bail. The matter will be mentioned on January 29, 2025.

During investigations, the Directorate of Criminal Investigations had told the court that it was investigating cases where 17 people had been killed and more than 300 others injured.

Inspector of Police Isaac Kariuki of Nairobi area DCI headquarters told the court earlier this year that the investigations team had recorded statements from 363 witnesses, mainly the victims injured in the inferno.

Kariuki said he had received 265 filled P3 forms from the victims and there were an additional 30 victims who had not recorded statements by February 28.

He was making an application for orders to detain Kimathi for 14 days, which was rejected.

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• Embakasi fire tragedy: Proprietor of gas plant
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The DCI had indicated that it was investigating cases of murder contrary to section 203 as read with section 204 of the Penal Code and conspiracy to commit a felony.

Others included the Negligent Act Causing Harm contrary to section 244 of the Penal Code and Abuse of Office contrary to section 46 as read with section 48 (91) of the Anti-Corruption and Economic Crimes Act of 2003.

This was mainly for state officials who failed to act on the owner of the company and his employees operating illegally, leading to the deaths of the residents.