While facing with ten counts of manslaughter, Derrick Kimathi Nyamu who was the owner of Maxxis Energy Limited and his employee Stephen Kilonzo Mutie denied the charges before the Milimani principal magistrate Gilbert Shikwe.
In the first count, the duo were charged that on the night of February 1 and 2, 2024, at Mradi sub-county in Embakasi within Nairobi county jointly with others who were not in court by unlawful act caused the death of Evans Oduor.
The prosecution told the court that the accused person’s unlawful act of refilling gas cylinder without a license from NEMA caused the deaths of the said 10 people after the explosion.
The massive explosion also caused damages running in to tens of millions on vehicles and buildings and leaving more than 300 casualties.
The prosecution did not oppose their release on bond but urged the court to consider the weighty of the matter.
Their defence lawyers led by Wandungi Kirathe and Ndegwa Njiru pleaded with the court for leniency on giving bond terms telling the court to consider that the the accused currently are jobless,
“Your honour I pray for lenient bond terms to be granted to the accused persons considering that the business which belonged to Kimathi was gutted down by fire where they lost everything,” Wandungi submitted.
The lawyer further told the court that Kilonzo was the employee and he also lost his employment.
Ndegwa added that the accused persons are victims of circumstances and prayed the court to consider the same while releasing them.
He urged the court to maintain the initial cash bail of Sh 500,000 which was granted by court while the Investigation was carried out,
“Your honour the accused persons have been out on cash bail of Sh 500,000 each and I would request this court to maintain the same terms considering they have been cooperative with investigators,” Ndegwa prayed.
They were released on bond of Sh 3 million with a surety of similar amount or alternative cash bail of Sh 1 million with two contact persons each.
The matter will be mentioned on January 29, 2025 for pre-trial.