The four suspects of the Embakasi gas tragedy which left six people dead and over 300 others with serious injuries had been detained by the court for 21 days.
In giving the ruling the presiding magistrate Dolphina Alego directed that Derrick Kimathi, who is the owner of Maxxis Energy Limited, Joseph Makau, and Marianne Mutete be detained at Embakasi police station for ease of investigations.
However, David Warunya On’gare will be detained at Capitol Hill police station for fourteen days to enable him to access medication whenever needed.
The magistrate concurred with state prosecutors Dorcas Rugut, Harbert Isonye, Sonnia Njoki, and James Gachoka that the matter is of immense public interest.
The plea by the defense council to detain all the suspects at Capital Hill police station was strictly rejected by the prosecution citing that they pleaded with the court for their detention at Embakasi police station,
“Your honor we object the application by the defence to detain the suspects at Capitol Hill police station based on reasons that the lead investigating officer finds it convenient for him to investigate the matter while at Embakasi,” said Gachoka.
The magistrate said that the court takes judicial cognizance that six lives were lost and over 300 people are nursing serious burn injuries.
She added that police need to be given ample time to finalize their Investigation.
The case was fixed for mention on February 28, 2024.
Derrick Kimathi was presented before senior principal magistrate Dolphina Alego alongside three NEMA officials Joseph Makau, David Warunya On’gare, and Marian Mutete Kioko.
The Director of Public Prosecution sought to have the four detained for 21 days to enable a team of investigators to conclude the Investigation.
Prosecuting counsel Dorcas Rugut and James Gachoka disclosed the four are being investigated for the offenses of murder, conspiracy to commit a felony, negligence of duty, and abuse of office contrary to the law.
Urging the court to detain the suspects for 21 days Gachoka said the incident being investigated is a matter of great public interest and a national disaster.
He told the magistrate before the suspects were arrested on February 5, 2024, they had gone to hiding after the explosion which left deaths and a trail of injuries,
“Police need time to record statements from relatives of the six deceased person’s and the injured persons who are traumatized and undergoing treatment in various city health facilities,” said Gachoka.
He said the respondents are alleged to have committed the offenses within four years between January 1, 2020, and February 2, 2024, at Maxxis Energy Nairobi Limited within Embakasi sub-county in Nairobi county.
The prosecutor said the deaths occurred on the night of February 1, and 2nd 2024arising from a massive explosion that also caused damages running into tens of millions on vehicles and buildings.
The application to detain the four for 21 days is premised on an affidavit of the lead investigator Chief Inspector Isaac Tenai who told the court that the Investigation will cover a vast area that is now littered with debris,
“I urge this court to allow police to detain the suspects for 21days since the bodies of the deceased were burned beyond recognition and post mortem has not been done,” pleaded Tenai.
He said police will also rumble through the debris to establish the magnitude of the damage and possibly recover more bodies that may be trapped at the scene which has since been secured.
He added that liquid petroleum gas cylinders at the scene need to be assessed and analyzed at the government laboratory to determine their purity,
“After the incident the four suspects went in to hiding and only reservist resurfaced after an advert was published in the media by police inquiring them to surrender to the authority for interrogation,” said the officer.
In qualifying the detention period Mr. Tenai said the safety of the suspects is paramount as members of the public are curious and keen to see justice done for the victims and families of the deceased.
The officer said pre-trial detention is necessary given the magnitude and the nature of the investigation.
Gachoka applied to have the suspects remanded for 21 days so that they do not interfere with the Investigation.
The DPP said the offenses being investigated are serious as they involve loss of lives wanton destruction of property and pilfering of the environment with toxic fumes which are a threat to public health and the general good.
The defence lawyers led by Karathe Wadungi, Odero Okello, and Kaveta Mwanzia opposed the plea to detain the respondents for 21 days claiming it would be against their constitutional rights.
They applied to have the suspects be freed on bond pending completion of the Investigation saying their clients would comply with the conditions that will be imposed by the court,
“All the four suspects surrendered to the police after learning they were being sought over the incident that has caused public outcry,” Said Odero.
The magistrate also heard from Wadungi that the suspects are presumed innocent and they have done nothing to prejudice the Investigation,
” The fact that the suspects surrendered on their own volition is a sign of good intention and they will cooperate with the team of investigators,” said Wandungi.
Odero urged the court to invoke articles 49 and 50 of the constitution which require suspects to be freed on bond while Investigations are underway or when charged pending determination of the case.
The suspects will remain in custody for 21
days as the Investigation continues.
The matter will be mentioned on February 28, 2024, for directions.