Embakasi gas explosion: Tanker owner detained for 14 days

The owner of the tanker that exploded in Nairobi's Embakasi East neighbourhood, killing at least 11 and leaving nearly 300 injured, has been detained for 14 days to allow a further probe into the incident.

Abraham Mwangi Nguyo had been on the run since the incident on the night of February 1 and was arrested on February 12 when he presented himself at the Embakasi offices of the Directorate of Criminal Investigations (DCI).

Justice Lilian Mutende had ordered him to surrender following a request by the DCI and the Directorate of Public Prosecutions (DPP).

Nguyo owns the Liquefied Petroleum Gas (LPG) tanker registration KBJ 185X -/ZD2234 - a Mercedes Benz that was delivering gas at the premises of Maxxis Energy Nairobi Limited at the time of the explosion.

The accused faced Milimani Senior Principal Magistrate Martha Nanzushi on Thursday.

The Directorate of Public Prosecutions (DPP) and the Directorate of Criminal Investigations (DCI) had sought orders to detain him at the Embakasi Police Station for 21 days.

Nguyo did not object to the prayer but requested to be held at a different police station.

Nanzushi ordered him held at the Capitol Hill Police Station until February 28, when the case will be mentioned.

The DCI/DPP will update the court on their investigations and the charges the four suspects in the case will face. The others were already in police custody.

Pending procedures

The DCI is investigating cases of murder; negligent acts causing harm, contrary to section 244 of the Penal Code; and abuse of office, contrary to the Anti-Corruption and Economic Crimes Act.

In an affidavit filed before Milimani Senior Principal Magistrate Martha Nanzushi, inspector Isaac Kariuki of the Embakasi DCI said a process to identify those who died was ongoing and that they were yet to start taking statements from survivors.

“Some postmortems have not been completed. Further, some bodies were burnt beyond physical recognition necessitating DNA analysis, which is yet to be done,” he said.  “There is the likelihood of more bodies being recovered from the debris and more other victims are still turning up to report and record statements.”

Kariuki also reported that survivors were still undergoing treatment at different hospitals in Nairobi and its environs, and at home.

Additionally, the multiple vehicles and equipment that was damaged in the explosion have not been identified.

Kairuki further said that information from Nguyo and the Kenya Revenue Authority will likely expand the probe to Tanzania as some clearance was reportedly obtained at the Oloitoktok border point on January 25, about five days before the tragedy occurred.

Government criticised

A memorial service for all the victims of the explosion took place on Wednesday, with political leaders in attendance. A fundraiser was also held to collect money for the victims to pay for medical bills and other expenses.

The politicians criticised the government for failing to help the families despite pledging to do so. The state promised to provide extensive support, including food and non-food items, and Nairobi County said it had waved all medical bills at local facilities.

Meanwhile, Embakasi East MP Babu Owino, real name Paul Ongili Owino, earlier unveiled a new payment channel for the public to send their contributions to the blast victims.

Well-wishers were urged to send donations through MPESA Paybill number 247247, account number 1320185109810, and account name Embakasi Mradi Fire Victims Donation. Donations can also be sent to Equity Till number 185810.

On February 7, Derrick Kimathi, owner of the Embakasi gas plant, was detained for 21 days to allow the police to conclude their investigations.

Kimathi was locked up at the Embakasi Police Station alongside two officials of the National Environment Management Authority (NEMA) - Joseph Makau (head of environmental impact assessment) and Marrian Kioko.

NEMA staff have been accused of wrongly giving a licence allowing an LPG filling and storage plant to operate in such a densely populated area.