The owner of the Embakasi gas plant that exploded and killed 10 people has been charged with manslaughter along with his former employee.
Mr. Derrick Kimathi Nyamu, the owner of Maxxis Energy Limited, and Stephen Kilonzo Mutie, his former employee, appeared in court on Monday, December 9, before Milimani Principal Magistrate Gilbert Shikwe.
Both men denied all 10 counts of manslaughter related to the deadly explosion that occurred on the night of February 1 and 2, 2024, in the Mradi area of Embakasi, Nairobi County. The charges stemmed from the deaths of Evans Oduor, Martin Simiyu Walumbi, Vallary Nyandiko, Charles Macharia, Ann Nyaguthi Muriuki, Simon Mulongo Nyongesa, Mirriam Onyango, Stanley Vulimu Chasia, Austin Chibin Shicanda, and Flora Njeri.
Prosecutor James Gachoka informed the court that the accused’s illegal actions directly led to the deaths. According to Gachoka, the two operated a gas cylinder refilling plant without a valid license from the National Environmental Management Authority (NEMA), which triggered the devastating explosion.
Gachoka further revealed that the blast caused property damage worth tens of millions of shillings as buildings and vehicles were destroyed. Over 300 people sustained serious burns, and many victims are suffering from trauma caused by the explosion’s aftermath.
Gachoka emphasized the tragedy’s far-reaching consequences on both victims and the surrounding community.
Although the prosecution did not oppose the release of the accused on bail, it urged the court to weigh the serious implications of the case.
Defense lawyers Wandungi Kirathe and Ndegwa Njiru requested lenient bail terms, arguing that both accused are unemployed and financially struggling.
Wandungi submitted, “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 during the blast where he lost everything.” He added that Kilonzo had also lost his job because of the explosion.
Ndegwa Njiru emphasized that the accused were victims of circumstances and requested the court to maintain the initial cash bail of Ksh500,000 each, noting their full cooperation with ongoing investigations.
However, Magistrate Gilbert Shikwe set a new bond at Ksh3 million for each accused with a surety of the same amount. Alternatively, the court allowed each accused to pay a cash bail of Ksh1 million, with the requirement to provide two contact persons.
The court has scheduled the next hearing for January 29, 2025, for pre-trial directions.
