Senators blame weak enforcement for deadly Embakasi gas explosion

The Embakasi gas explosion which occurred in Nairobi at Mradi area in Embakasi in February could have been prevented if regulatory authorities had strictly enforced the law, a report reveals.

The Senate Energy Committee which was probing investigating the incident, in its report attributes the explosion to weak enforcement.

It highlights the widespread growth of LPG storage and filing stations across the country, including in residential areas.

"In light of the Mradi explosion, rigorous enforcement of these laws and active oversight by regulatory bodies such as Epra, Nema and Nairobi City county are crucial to prevent future incidents and safeguard public safety," the report states.

The report has been tabled at the Senate.

More than 10 people died in the disaster and around 300 others were injured when a truck loaded with gas canisters exploded in the Mradi area of Embakasi East Sub-county neighbourhood on February 3, 2024.

The truck which was carrying liquified petroleum gas (LPG) was parked at an LPG gas refilling point and blew up causing a huge fireball that spread widely.

The report by the Nyeri Senator Wahome Wamatinga-led committee indicates that the presence of multiple regulatory bodies has complicated efforts to hold specific agencies accountable for the tragedy.

"The involvement of multiple legal regulatory bodies in the licensing process creates a complex web of responsibility. This can make it difficult to identify who is accountable when safety issues arise," reads the report.

In its recommendation, the Senate has called upon the National Police Service and the Directorate of Criminal Investigations ( DCI) to fast-track the probe into the tragedy.

The Senators also want the government to compensate the victims.

Police officers walk past heavily damaged houses and shops, a day after a gas explosion in the Embakasi area of Nairobi, on February 2, 2024. (Photo: Luis Tao/ AFP)

"The affected victims should be compensated through the National Disaster Management Unit whose main function is to administer a comprehensive emergency/disaster programme in collaboration with EPRA," the report reads.

Reforms

To seek justice for the victims, lawmakers have recommended extensive legal, policy, and administrative reforms in the energy sector to enhance the safety and security of Kenyans.

In its findings, the committee found that the LPG filling station operator at Mradi was not licensed to run the business, as the site had been registered as a garage.

The owner, Derrick Kimathi, submitted three applications for construction permits to EPRA, all of which were rejected due to the location being in a residential area.

Despite the denied licenses, Kimathi continued operations, which ultimately led to the tragedy.

Following the incident, Kimathi was arrested in February but was released on a cash bail of Sh500,000 with an alternative of Sh2 million bond.

Milimani Principal Magistrate Dolphina Alego on February 28, 2024, also ordered him to deposit his travel documents to court including his passport.

To prevent similar incidents, the committee recommends strict enforcement of licensing requirements as specified in the Petroleum Act.

The Senators also urged the Energy and Petroleum Regulatory Authority (EPRA) to strengthen LPG data verification from importation to retention to enhance accountability among sector players.

"The Ministry of Energy needs to expedite the approval of the reviewed Petroleum (LPG) Regulations 2019, which will include additional stringent measures necessary for safe operation and handling of LPG," reads the report in part.

People run for cover following a series of explosions in the Embakasi area of Nairobi on February 2, 2024. (People run for cover following a series of explosions in the Embakasi area of Nairobi on February 2, 2024. (Photo by LUIS TATO/AFP)

Clear guidelines

The lawmakers have also called for the creation of clear guidelines and accountability frameworks for licensing authorities to prevent the misclassification of facilities.

"Implement a regular inspection and audit schedule for all LPG storage and refilling plants, ensure that non-compliant facilities are brought up to standard before reopening, with continued monitoring to maintain safety measures," reads the report in part.

The committee also recommended that EPRA, in partnership with the Interior Ministry and county governments, should enhance surveillance efforts to gather intelligence on all known and suspected illegal energy and petroleum operations within their jurisdictions for immediate enforcement.

In May 2024, six victims of the tragic gas-filling plant explosion sued various cabinet secretaries, and state agencies as they sought compensation.

Among those sued were the National Environment Management Authority (NEMA), Energy and Petroleum Regulatory Authority (EPRA), the County Government of Nairobi and the Attorney General for violating the residents' rights and allowing the unlawful erection of the gas plant.

In their separate affidavits, the victims say that no appropriate action was taken to address the aftermath of the explosion since most businesses operating near the plant were destroyed.

The victims wanted the court to give an order for compensation for the damages experienced from the tragic incident.