Milimani senior principal magistrate Dolphina Alego has released the main suspect and the owner of Maxxis Energy Nairobi Limited where gas tanker exploded killing seven people and leaving hundreds with serious injuries on bond of Sh 2 million.
This follows after the 21 days requested earlier by the Investigative officer lapsed yesterday at midnight.
The officer who is investigating the matter Inspector Isaac Kariuki who is attached to the Regional DCI offices in Nairobi Area was seeking orders to hold the suspect for 14 more days to conclude the Investigations.
Inspector Kariuki pleaded with the court to give orders to continue holding Derrick Kimathi for more 14 days to complete the Investigation and find the preferred charges against him.
Derrick Kimathi who is the main suspect in the Embakasi Gas Tragedy has been in custody for 21 days following an order granted by the same court giving the officers investigating the matter to conclude their investigation.
The officer urged the court to extend it’s orders which were granted on February 7, 2024, to hold Kimathi and four National Environmental Management Authority employees for 21 days which lapsed yesterday midnight.
Mr. Kariuki told the court that the suspect was arrested on February 12, 2024, on suspicion to have committed a number of offenses including murder, negligence causing harm and conspiracy to commit a felony.
He told the court that the Investigations are complex following the seriousness of the offenses due to the expansive nature of Investigations which include the high number of victims and witnesses and the amount of time required to access all the witnesses and documents.
The officer highlighted to the court the far they have gone so far in their Investigation citing that they have recorded statements of about 300 people and they are expecting more than 30 others to be recorded.
He also said that they have obtained medical reports of 265 victims from at least 300 witnesses with respect to the events surrounding the circumstances of the subject matter,
“There are documents obtained from a number of institutions including the Engineering bond of Kenya (EBK), National Environmental Management Authority (NEMA), Energy and Petroleum Regulatory Authority (EPRA), Kenya Bureau of Standards (KEBS), Directorate of Occupational Safety and Health Services (DOSHS), the public works and the fire Brigade from Nairobi City County Government who are actively working on the scenes,” read part of the affidavit.
The officer told the court that the said bodies have engaged with their experts and are actively busy working on the many scenes which are not yet completed.
Some of the key witnesses in the matter are said to live outside Nairobi including a number of people who have attended a public participation sessions in Nairobi and have been established to live in Nanyuki.
Despite working day and nights jointly with his colleague, the officer clarified to the court that they have not concluded their Investigation.
Kimathi who is said to be the owner of the illegal gas refilling station Maxxis Energy Nairobi Limited where a track ferrying gas exploded leaving seven people dead and leaving hundreds nursing serious injuries is still held in custody after his NEMA accomplices were released on bond following an order by the high court.
Kimathi who is an engineer by profession and also a former Kenya Revenue Authority (KRA) employee is feared by the officer investigating the matter citing that he contacted KRA via e-mail immediately after the incident,
“Your honor we fear the fact that the suspect is a former employee of KRA and we believe he has friends there to date and also an engineer by profession and might have studied with some of the workers in the said bodies since we fear he might interfere with the witnesses.” Pleaded Kariuki.
The defense lawyer Wandungi Kirathe dismissed the application by the officer claiming that the areas where the Investigations are conducted does not involve his client,
“Your honor I urge this court to object the plea by the officer investigating the matter to grant 14 more days to detain my client for lack of ground,” pleaded Wandungi.
Wandungi told the court that the co-suspects are enjoying their constitutional rights out on bond while his client continue suffering in custody whilst they were suspects in the same matter.
He urged the court to consider his client since he has been in custody for a period of 21 days which was pleaded by the same investigative officers.
“Your honor the officers could have requested for more days during a miscellaneous application but they sought only 21 days,” said Wandungi.
In his brief ruling the magistrate considered the fact that the suspect had been in custody for the requested days while his accomplices are out on bond,
“I consider the suspect has been in custody for a period of 21 days requested and his co-suspects are out on bond,” said the magistrate.
Mrs. Dolphina released the suspect on bond of Sh 2 million with three contact persons or alternative cash bail of Sh 500,000 with two contact persons.
She further ordered the suspect to deposit his passport in court.