Embakasi explosion: Site owner released on Sh2 million bond

A Nairobi court has released the owner of the business premises in Embakasi where a gas exploded killing 17 people and injuring more than 300 others on February 1.

Senior Principal Magistrate Dolphina Alego on Wednesday released Derrick Kimathi, the proprietor of Maxxis Energy Nairobi Limited, on a cash bail of Sh500,000 and an alternative bond of Sh2 million.

The Directorate of Criminal Investigations (DCI) and the Office Director of Public Prosecutions (ODPP) wanted Kimathi detained for an additional 14 days to allow investigators complete their probe.

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

Kariuki said he has received 265 filled P3 forms from the victims and there are an additional 30 victims who are yet to record their statements over the incident.

The detective said the DCI has sought experts' advisory from several institutions including the Engineers Board of Kenya, the National Environmental Management Authority (NEMA) the Energy and Petroleum Regulatory Authority (EPRA) Nairobi Fire Brigades among others and the institutions are yet to give responses.

However, the suspect opposed the application through lawyer Kirathe Wandugi.

Wandugi said the DCI interviewed more than 300 witnesses and did not report to the court that Kimathi made any attempts to interfere with any of the witnesses and there was no justification for his further detention.

This photograph taken on February 2, 2024 shows heavily damaged houses and shops, a day after a gas explosion in the Embakasi area of Nairobi. (Photo: LUIS TATO/AFP)

The lawyer said his client is not in control of the institutions where the DCI is seeking assistance and he should be released since he has already recorded his statement over the matter.

Several cases

The DCI is investigating several cases including murder contrary to section 203 as read with section 204 of the Penal Code and conspiracy to commit a felony.

Others include 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.

"The investigations are complex considering the seriousness of the offences, the expansive of the investigations including the high number of victims and witnesses, and amount of time required to access all the witnesses and documents," Kariuki stated in his affidavit filed in the court.

"Subject investigations are yet to be completed and the release of Kimathi at this stage would allow him access to his office with a likelihood of interference with his colleagues who are potential witnesses as well as interference with documents necessary for the completion of investigations, and for the potential prosecution on bases thereof."

But Wandugi said there was no empirical evidence tabled in court that Kimathi would make the alleged interferences and accused Kariuki of suggesting that the court should continue detaining the suspects based on mere apprehensions.

Kimathi will be held at the Capitol Hill Police Station until he complies with the bail and bond terms set by the court.

Alengo directed that any further applications be made at the high court.

The DCI and the ODPP will inform the suspect and courts if and when they will be ready to charge him so that he can appear for plea-taking after the completion of investigations and decision made on the charges.