From Deadly Explosion to Sh6 Million Fraud: The Legal Troubles of Maxxis Energy’s Derrick Kimathi
"I was licensed for transportation of LPG only and not trading the same," he told the magistrate.
The trader of the Maxxis Energy gas plant in Muradi, Embakasi that exploded leaving several people dead is on the spot defending himself in another matter charged with obtaining LPG gas worth Ksh 6 million by pretence.
The Maxxis Energy boss, Derrick Kimathi who was operating illegally, appeared before Milimani Principal Magistrate Paul Mutai, where he was put on his defence in the charges relating to obtaining goods by pretence.
In the current matter, Kimathi told the court that he operated with Maxxis Nanyuki Energy (MNE), an entity registered on September 5, 2021, and licensed by EPRA/LPG/9954 for the transportation of liquid petroleum Products.
“I was licensed for transportation of LPG only and not trading the same,” he told the magistrate.
He stated that on February 15, 2023, he was accosted and arrested by police on the road shortly after dropping his son to school. He was led to the Nairobi Area where he was informed of the offence of obtaining goods from Jibco Kenya Limited and evaded to pay.
He defended himself by saying he had leased the Nanyuki plant to Hassan Ishmael and Adan Mohamed to operate on behalf of Maxxis Nanyuki Energy and were the listed directors of the same,
“I had leased all the properties and we had a partnership deed which was not signed and was to be signed as they took over. After taking over the plant, they started giving reasons and failed to sign the deal,” Kimathi told the court.
He claims to have received the lease payments for four months only and later they took him to court in Nanyuki claiming they were rightful owners of the properties.
The court delivered a ruling on October 12, 2023, where an order was granted for the properties to be returned back to him.
He reiterated that during the specified dates of the offense, the plant was in the hands of Mohamed and Ishmael.
He denied obtaining LPG from Gipco.
The prosecution prayed for adjournment claiming they were not ready for cross-examining the accused since they had not verified the authenticity of the documents he supplied in support of his defence.
In February 2024, Kimathi and Stephen Kilonzo Muite were charged with 11 criminal offences allegedly being owners of a gas plant at Mradi estate in Embakasi that exploded leaving several people dead, 276 injured and destruction of properties worth millions of shillings.
The two pleaded not guilty to operating a bulk LPG storage facility without a valid license from EPRA.
It is alleged that on February 1, 2024, the two jointly with another not before court were allegedly engaged in operating a bulk LPG facility without the certificate from EPRA.
The matter is still proceeding in another court.
