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Police Shoot KMPDU Sec Gen Davji Atellah During Nairobi Protest

Kenya Medical Practitioners and Doctors Union (KMPDU) Secretary General Dr. Davji Atellah addressing a press conference on January 30, 2024.
Kenya Medical Practitioners, Pharmacists, and Dentists' Union (KMPDU) Secretary General Dr. Davji Atellah addressing a press conference on January 30, 2024.
Photo

The Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU) on Thursday confirmed that its Secretary General Davji Atellah had been shot by the police as he was leading medical interns in a protest within Nairobi.

Without delving into further details, the Union in a statement, condemned the incident and hinted at rallying its members to protest against the government's indifference to the plight of doctors in the country.

By the time of publishing this article, it was still not clear where the Secretary General had been shot and the severity of the injury.

"We condemn in the strongest terms the shooting of our SG Davji Attelah by the police this afternoon when he was leading the Medical interns in a peaceful march. The doctors of Kenya have endured enough! This is the straw that breaks the camel's back," read the statement.

Earlier, images showing the injured SG surfaced online, sparking outrage amongst doctors and Kenyans in general.

KMPDU SG Davji Atellah during protests in Nairobi on Thursday February 29, 2024
KMPDU SG Davji Atellah during protests in Nairobi on Thursday, February 29, 2024
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KMPDU

Images seen by Kenyans.co.ke showed Atellah receiving treatment at the Nairobi Hospital following the shooting.

Meanwhile, the protest ended as police abruptly dispersed the interns.

The KMPDU Western Kenya branch has since called for a crisis meeting to deliberate on the same. 

The protest comes after the doctors on January 31 warned of a three-day strike over the criteria used in absorbing medical interns.

Atellah, who led the press briefing on that day, issued a one-month window to the Ministry of Health, to hire the interns or else all doctors across the country would down their tools.

“We write to inform you of our intention to conduct a peaceful procession concerning the delayed posting of medical interns and the payment of fees for postgraduate students. The procession is scheduled to take place on Thursday, 29th February 2024, commencing at 9:30 am,” Atellah commented.

He also vowed to collect the interns' placement letters on the stated date, if the Ministry failed to send them out.

Since then, the interns themselves have staged a protest outside the Ministry of Health offices as their demands landed on deaf ears.

Graduate doctors and medical students stage protests outside Afya House on February 12, 2023.
Graduate doctors and medical students stage protests outside Afya House on February 12, 2023.
Photo
Ramesh Saxena

 

 

Financial Action Task Force Officially Puts Kenya on Money Laundering Grey List

Treasury Cabinet Secretary Njuguna Ndung'u (left) with President William Ruto Karen, Nairobi County on April 22, 2021
Treasury Cabinet Secretary Njuguna Ndung'u (left) with President William Ruto Karen, Nairobi County on April 22, 2021
PCS

The Financial Action Task Force (FATF) has officially placed Kenya on the grey list for international Anti-Money Laundering, Countering the Financing of Terrorism, and Proliferation of Weapons of Mass Destruction. 

Treasury Cabinet Secretary Njuguna Ndung'u, on Friday, confirmed the recent developments, stating that the new rating necessitates Kenya to enhance monitoring to ensure compliance.

What's a Grey List? 

A grey list comprises countries at risk of failing to combat money laundering and terrorism but have made efforts to address the challenges. 

An illustration of someone engaging in cybercrime
An illustration of someone engaging in cybercrime
Photo
The Sun

"This underscores the imperative for swift and comprehensive action to bolster our compliance efforts. It is important to note that Kenya underwent an assessment conducted by the Eastern and Southern Africa Anti-Money Laundering Group (ESAAMLG) in 2022. The evaluation revealed a mixed picture," Ndung'u stated. 

Efforts Taken by Kenya to Combat the Vices

He, however, added that the Kenya Kwanza government, after the inauguration, assessed the report and embarked on several interventions and initiatives to implement the recommended actions. 

"This required both legal and regulatory reforms as well as a number of institutional actions," the CS disclosed. 

Among the measures put in place by Kenya include the enactment of the AML/CFT (Amendment) Act, 2023, which involved a comprehensive overhaul of existing legislation on anti-money laundering and terrorism. 

The 2023 Act comprised 17 amendments aimed at addressing various legal and technical compliance deficiencies identified in the Mutual Evaluation Report (MER). 

"These amendments represent a crucial step towards aligning Kenya's legal framework with international standards. Kenya has thus demonstrated compliance in certain areas while facing challenges in others," Ngung'u stated. 

The amendment of the existing laws was also extended to the Proceeds of Crime and Anti-Money Laundering Regulations, 2013 to align it with the AML/CFT Amendment Act. Treasury gazetted the new regulations on October 6, 2023. 

Kenya also reviewed the Prevention of Terrorism (Implementation of the United Nations Security Council Resolutions on the Suppression of Terrorism) Regulations, 2022. 

The Central Bank of Kenya and other investigative authorities were ordered to carry out audits to ensure banks, real estate agencies and casinos adhere to the new changes

Lawyers, through the Law Society of Kenya, also coordinated with relevant authorities including the Financial Reporting Centre (FRC) to help combat money laundering. FRC is an independent body which assists in unearthing proceeds of crime and combating money laundering.

Kenya Pledges to Enhance Monitoring 

"Collaboration and technical assistance from these partners will be crucial in our efforts to enhance our framework, strengthen regulatory institutions and expedite our exit from the grey list.

A photo of money recovered during a raid in Ngara on August 15 displayed on a table.
A photo of money recovered during a raid in Ngara on August 15 displayed on a table.
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DCI

"While there are still strategic deficiencies that require urgent attention, Kenya remains fully committed to implementing the FATF Action Plan comprehensively and expeditiously," Ndung'u promised. 

He added that the Treasury will review the developments and seal all loopholes  

Ruto Orders All Schools & Universities to Pay School Fees Via eCitizen

Ruto
President William Ruto speaking in Kakamega County on Sunday, February 4, 2023.
PCS

The Cabinet has approved the digitisation of the entire education system in the country in a move aimed at streamlining services.

In a Cabinet dispatch issued on Wednesday, it was noted that the digitisation programme would eliminate various issues bedevilling the education sector including running of parallel school accounts and overcharging of fees.

On the other hand, President William Ruto's Cabinet explained that digitisation would eliminate enrollment of ghost students.

"In keeping with the Administration’s digital transformation agenda, Cabinet sanctioned the digitization of the entire education system, spanning from basic education to tertiary and university levels.

President William Ruto issuing the KCPE and KPSEA National Examinations at the Kikuyu Township Primary School, Kiambu County on October 30, 2023.
President William Ruto issuing the KCPE and KPSEA National Examinations at the Kikuyu Township Primary School, Kiambu County on October 30, 2023.
PCS

"This intervention aims to address the governance challenges within our education system that has led to parallel accounts, charging of unauthorised school fees, diversion of the exchequer releases on capitation and other fraudulent activities that undermine the integrity of the education system, leading to the enrollment of ghost students," read the dispatch in part.

Following the approval, Education Cabinet Secretary Ezekiel Machogu is expected to issue guidelines on how the digitisation plan will be implemented.

Initially, only national schools were targeted by the eCitizen plan. In the directive that was issued early in the month, Education Principal Secretary Belio Kipsang noted that parents would begin making payments through the eCitizen platform.

However, the directive was challenged in court with the High Court in Nairobi temporarily halting the process.

In the ongoing court case, Justice Chacha Mwita extended the orders till  April 17 when the matter will be heard and determined.

Notably, parents had also lamented over the digitisation plan given that some of them often substitute fees with delivery of items such as maize, and firewood among others.

On the other hand, teachers also questioned how schools would get access to the money given the process that is expected to be enforced in the eCitizen plan.

"There are also parents who do casual jobs in schools to pay fees for their children. How will they be able to do so on the e-Citizen platform?"Kenya Union of Post Primary Education Teachers (KUPPET) secretary general Akelo Misori wondered.

President William Ruto issuing the KCPE and KPSEA National Examinations at the Kikuyu Township Primary School, Kiambu County on October 30, 2023.
President William Ruto issuing the KCPE and KPSEA National Examinations at the Kikuyu Township Primary School, Kiambu County on October 30, 2023.
PCS

EPRA Announces Fuel Prices for February

A person refuels his car at a petrol station.
A person refuels his car at a petrol station.
Photo
Trading Room

The Energy and Petroleum Regulatory Authority (EPRA) has announced a reduction in fuel prices.

The prices of Super Petrol, Diesel and Kerosene were reduced by Ksh1 each.

As such, a litre of petrol will retail at Ksh206.36 while diesel will be valued at Ksh195.47 in Nairobi. Kerosene, on the other hand, will be sold at Ksh193.23 for the next month.

"In the period under review, the maximum allowed petroleum pump price for Super Petrol, Diesel and Kerosene decrease by KShs.1.00 per litre respectively," read the statement in part.

A fuel attendant in Kenya.
A fuel attendant in Kenya.
Photo

EPRA revealed that the new prices are inclusive of the 16 per cent Value Added Tax (VAT) as outlined by the Finance Act 2023, the Tax Laws (Amendment) Act 2020, and the revised rates for exercise duty adjusted for inflation.

The authority indicated that the price of diesel was cross-subsidised with that of Super Petrol while Kerosene was fully stabilised. 

"Oil Marketing Companies (OMCs) will be compensated for the under-recovery of costs from the Petroleum Development Levy (PDL) Fund," EPRA added.

"The purpose of the Petroleum Pricing Regulations is to cap the retail prices of petroleum products which are already in the country so that importation and other prudently incurred costs are recovered while ensuring reasonable prices to consumers."

Previously, Super Petrol retailed at Ksh207.36, Diesel at Ksh196.47, and Kerosene at Ksh194.23.

This comes as the Shilling continues to show signs of recovery after more than a year of downward spiral.

The Central Bank of Kenya through a notice issued on Tuesday, February 13, indicated that the Kenyan Shilling was trading for 158.66 units against the US Dollar.

CBK in a statement revealed that the Shilling had continued to stabilise, attributing the gain to favourable diaspora remittances and the thriving Tourism industry. 

A photo of Energy CS Davis Chirchir
A photo of Energy CS Davis Chirchir
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Ministry of Energy

ODPP Files Appeal Notice Against Ruling That Set Jacque Maribe Free

Former Citizen TV anchor Jacque Maribe appearing in court in 2021.
Former Citizen TV anchor Jacque Maribe appearing in court in 2021.
KBC

The Office of the Director of Public Prosecutions (ODPP) has filed a notice of appeal against the High Court judgement that acquitted Jacque Maribe in the murder case of businesswoman Monica Kimani. 

ODPP stated in the notice that it was dissatisfied with the decision to free the former Citizen TV news anchor.

“Take notice that the Republic, the intended Appellant herein, being dissatisfied with the decision of the High Court of Kenya at Nairobi (Hon. G. Nzioka), delivered in Nairobi on February 9, 2024, appeals to the Court of Appeal against the part of the judgment acquitting the 2nd Accused Person,” the notice read in part.

In the ruling, Judge Grace Nzioka declared that the DPP did not provide enough evidence to implicate Maribe in Monica's murder. 

Former Citizen TV news anchor Jacque Maribe (left) and Joseph Irungu alias Jowie at Milimani Law Courts in Nairobi on February 9, 2024.
Former Citizen TV news anchor Jacque Maribe (left) and Joseph Irungu alias Jowie at Milimani Law Courts in Nairobi on February 9, 2024.
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She added that ODPP preferred the wrong charges against her as the court accused her of perjury rather than murder. Maribe was said to have willingly lied to police officers to derail the case. 

While acquitting Maribe, Judge Grace Nzioka found Joseph Irungu alias Jowie guilty of murder and set his sentencing to March 8.  

"The evidence that the prosecution has brought before this court on the second accused person relates to events of September 20, 2018, and that is the shooting incident," Judge Nzioka stated that the exhibit linked Maribe to Jowie intentionally shooting himself to change the trajectory of the murder case. 

She thus urged the ODPP to take decisive action based on their constitutional mandates. 

Maribe when asked for a comment following the ruling, quoted a Bible verse, "I have nothing to say but for you shall know the truth and it shall set you free.”

His lawyers added that they will await further directives before deciding on their way forward. 

“She was not at the scene. And in a way we really blamed the prosecution for maintaining an insistence on this case, when it had no basis,” her lawyer  Katwa Kigen insisted. 

"We want to say that throughout the period, her conscience has been clear, and the evidence has never at any time suggested that she was implicated," he added. 

Joseph Irungu alias Jowie during court proceedings on February 9, 2024.
Joseph Irungu alias Jowie during court proceedings on February 9, 2024.
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ODPP

Jowie Irungu Found Guilty of Monica Kimani Murder

File image of Jowie Irungu in court on November 21, 2019
Photo of Joseph Irungu alias Jowie in court on November 21, 2019.
The Standard

Joseph Irungu alias Jowie has been found guilty of the murder of Nairobi businesswoman Monica Kimani which occurred in 2018.

While delivering her judgment on Friday, Lady Justice Grace Nzioka noted that the prosecution had proved to the court that the security personnel committed the offence.

"It is the finding of this court that all this evidence taken cumulatively leads to a strong conclusion that the first accused person murdered the deceased," ruled Nzioka.

"Therefore, it is the finding of this court that the prosecution has proved beyond reasonable doubt all the ingredients of the offence of murder, the death that occurred, the cause of death and the person who committed that offence. It was not a case of homicide, It was unlawful. Therefore I find the first accused person guilty as charged herein of the offence of murder."

Businesswoman Monica Kimani
An image of the late businesswoman Monica Kimani who died on September 19, 2018 at her Kilimani apartment.
Photo
DCI

The court determined that Jowie (the first accused) indeed knew the deceased before her death. Jowie, in his defence, had however told the court that he had never met or known the deceased.

Based on the testimony of Kimani's brother and cell phone record, the Justice determined that Jowie had known the deceased before her death. Kimani's brother told the court that they spent a night at the deceased home on August 30, 2018. 

"The 1st accused (Jowie Irungu) claimed he did not know the deceased at all. George Kimani, the deceased’s brother submitted that Jowie and Monica Kimani were in the same class in 2002 taking the same course in hotel and beverage management," the judge stated.

Regarding who was last seen with the deceased, the court agreed with the prosecution's evidence that the security personnel was the last person to be with the businesswoman before her death.

"When the Doctrine of Last Seen is applied, the law presumes that the person last seen with the deceased was responsible for their death, and the accused is supposed to present an explanation of what happened," she stated.

Similarly, Justice Nzioka agreed with the prosecution's aspersions that Jowie used a gun to intimidate the deceased before her death.

On the other hand, forensic evidence established that the blood stains on Jowie's shorts belonged to the businesswoman.

Further, the judge cancelled Jowie's bond and directed that he be held in police custody until March 8, 2024.

Former Citizen TV News Anchor Jacque Maribe, on the other hand, was acquitted of any wrongdoing.

Cause of Monica Kimani's Death

There was an irregular inversive wound on the neck caused by a sharp object when Kimani was found dead inside her apartment.

Additionally, the Court revealed that there were bruises on the wrists of both legs.

According to the Court, the person who murdered the businesswoman had military-like training and intended instant death.

Former Citizen TV Anchor Jacque Maribe and Jowie Irungu in court on Friday, February 9, 2024.
Former Citizen TV Anchor Jacque Maribe and Jowie Irungu in court on Friday, February 9, 2024.
Photo
Seth Olale

Ex-Citizen TV Anchor Jacque Maribe Found Not Guilty in Monica Kimani Murder

Former Citizen TV anchor Jacque Maribe appearing in court in 2021.
Former Citizen TV anchor Jacque Maribe appearing in court in 2021.
KBC

Former Citizen TV anchor Jacque Maribe has been acquitted in the murder of Nairobi businesswoman Monica Kimani.

While delivering her judgement on Friday, Lady Justice Grace Nzioka noted that there was no concrete evidence to prove that the former news anchor was involved in the murder which occurred in the September 19, 2018 incident.

Maribe had been charged alongside her former boyfriend Joseph Irungu alias Jowie who was found guilty of the offence.

"The evidence of the prosecution against the second accused person did not place her in the house of the deceased on the material night. There was no evidence that she had ever communicated with the deceased."

File image of Jowie Irungu in court on November 21, 2019
Photo of Joseph Irungu alias Jowie in court on November 21, 2019.
The Standard

"The result is that the prosecution did not adduce any evidence for this court to find the second accused guilty of the offence of murder of Monica Nyawira Kimani on the night of September 19, 2018," she ruled.

However, in her opinion, Justice Nzioka opined that the prosecution preferred the wrong charge against the former journalist.

As detailed by the judge, the evidence against Maribe revolved around two different statements she made to the police regarding an alleged shooting incident which police claimed was aimed at misleading investigations into Kimani's murder.

Monica Kimani was found murdered at her apartment in Nairobi in September 2018. The businesswoman had just arrived in the country from South Sudan before she was found murdered in her bathtub.

After investigations were launched into the matter, police arrested Jowie with police accusing the security personnel of murdering the businesswoman.

According to the police, Jowie was among the last people to be with the businesswoman in her apartment.

10 days after the murder incident, Maribe was arrested by police, with the former journalist accused of taking part in the murder.

35 witnesses testified in the case that has been in court for over five years

Prosecution Accusations Against Maribe

During the five-year court case, the prosecution has six accusations against the journalist as detailed below;

1. She was in the vicinity of the commission of the murder.

2. The vehicle used in the commission of the offence was hers.

3. She aided and abetted the first accused person (Jowie) by providing the car.

4. She switched off her phone at the time of the murder.

5. She gave police false information regarding a shootout involving Jowie to mislead police investigations.

6. She was aware of the destruction of evidence which would have been used in the murder case. 

Court's Findings on Maribe

"It is the finding of the court that the second accused person's statement made on the gun shooting was false," the judge ruled.

Jowie's Case 

Joseph Irungu alias Jowie was found guilty of the murder of Nairobi businesswoman Monica Kimani which occurred in 2018.

While delivering her judgement on Friday, Justice Nzioka noted that the prosecution had proved to the court that the security personnel had committed the offence.

The court determined that Jowie (the first accused) indeed knew the deceased before her death. Jowie had told the court that he had never met or known the deceased.

However, based on the testimony of Kimani's brother and cell phone record, the Justice determined that Jowie had known the deceased before her death. Kimani's brother told the court that they spent a night at the deceased home on August 30, 2018. 

"The 1st accused (Jowie Irungu) claimed he did not know the deceased at all. George Kimani, the deceased’s brother submitted that Jowie and Monica Kimani were in the same class in 2002 taking the same course in hotel and beverage management," the judge stated.

Regarding who was last seen with the deceased, the court agreed with the prosecution's evidence that the security personnel was the last person to be with the businesswoman before her death.

"When the Doctrine of Last Seen is applied, the law presumes that the person last seen with the deceased was responsible for their death, and the accused is supposed to present an explanation of what happened," she stated.

Similarly, Justice Nzioka agreed with the prosecution's aspersions that Jowie used a gun to intimidate the deceased before her death.

On the other hand, forensic evidence established that the blood stains on Jowie's shorts belonged to the businesswoman.

Cause of Monica Kimani's Death

There was an irregular inversive wound on the neck caused by a sharp object.

There were also bruises on the wrists of both legs.

According to the Court, the person who murdered the businesswoman had military-like training and intended instant death.

Businesswoman Monica Kimani
An image of the late businesswoman Monica Kimani who died on September 19, 2018 at her Kilimani apartment.
Photo
DCI

High Court Suspends Ruto's eCitizen School Fees Directive

Ruto
President William Ruto speaking in Kakamega County on Sunday, February 4, 2023.
PCS

The High Court on Wednesday suspended the government's order directing all parents to pay school fees via eCitizen.

The court issued a conservatory order suspending the implementation of the directive by the Ministry of Education pending further directions from the court on February 13.

"That an interim conservatory order is herby issued suspending the Circular or letter by the Principal Secretary (Belio R Kipsang), Ministry of Education dated 31st January 2024, requiring parents/Guardians and or students to pay fees and or any other levies for all government learning institutions through e-citizen platform or any other Digital platform(s) until 13th February 2024, when the court will issue further directions in this petition," read part of the court order.

The High Court's decision comes just a day after a doctor from Nakuru County moved to court seeking orders to have the directive quashed.

Entrance to Milimani Law Courts, Nairobi.
Entrance to Milimani Law Courts, Nairobi.
Photo
The Judiciary of Kenya

In his petition, the surgeon who works for the County government of Nakuru termed the initiative as illegal and that it violated the principles of good governance.

According to him, the programme was implemented without adequate public participation further noting that it would greatly inconvenience parents who pay their children's school fees through non-monetary means. 

On Wednesday, President William Ruto while addressing a delegation in Tokyo, Japan defended the decision stating it was geared at ensuring transparency and prudent use of funds for the benefit of learners. 

“You may have heard the latest about school fees in Kenya, or money paid by parents for example in boarding schools. We provide resources for learning in all our primary and secondary schools through what parents pay," Ruto stated.

“We are insisting because we realised there are illegal levies charged by the board of management of  schools that go into accounts that nobody knows, we have insisted that all monies charged to Kenyans must be transparent.” 

On January 31, the Ministry of Education released a notice directing all guardians whose learners are in national schools to make payments through the eCitizen platform.

Education Principal Secretary Belio Kipsang directed school principals to submit key finance information to the Office of the Director General, State Department for Basic Education before February 6, 2024

"The Directorate of e-Citizen in partnership with the Information Communication Technology Authority (ICTA), Ministry of Information, Communication and the Digital Economy and the National Treasury have been coordinating the onboarding of all government services onto the eCitizen platform to enhance service delivery," the circular read in part. 

"As part of compliance with the requirements it is directed that parents/guardians make fee payments for their learners in your institutions through this platform."

While commenting on the matter, Immigration and Citizen Services Principal Secretary Julius Bitok stated the move would enhance accountability in public institutions across the country.

Bitok further noted the implementation would be done in phases, beginning with national schools and then to other schools.

Education CS Ezekiel Machogu releases KCSE 2023 at Moi Girls High School in Eldoret.
Education CS Ezekiel Machogu releases KCSE 2023 at Moi Girls High School in Eldoret.
Photo
Education Ministry

 

 

Sakaja Orders Closure of Gas Plants in Residential Estates in Nairobi

Nairobi Governor Johnson Sakaja speaking during a Church service at Deliverance Church, Lang'ata, Nairobi County on October 1, 2023.
Nairobi Governor Johnson Sakaja speaking during a Church service at Deliverance Church, Lang'ata, Nairobi County on October 1, 2023.
PCS

Nairobi Governor Johnson Sakaja has ordered the closure of all gas businesses operating in residential areas within the county.

Sakaja, who made the declaration during a visit to the Embakasi Explosion site, stated that the directive will enhance the safety of Kenyans living in various neighbourhoods within Kenya's capital.

While delivering his remarks, the county chief ordered sub-county officials to see to it they enforce the order.

"I want to assure Nairobians that the owners of the premises where the incident took place shall be held responsible and accountable. 

Aftermath of the Embakasi explosion incident which occurred on January 2, 2024.
Aftermath of the Embakasi explosion incident which occurred on January 2, 2024.
PCS
Ministry of Interior

"I have directed all sub-county administration officers to ensure all gas businesses operating within residential areas are closed with immediate effect," he directed.

Further, the governor warned county officials against laxity during enforcement, revealing that he already had a list of similar sites whose owners will be held culpable if found to be operating illegally.

Sakaja also called on Kenyans to raise the alarm should there be gas leaks or in instances where they notice illegal gas businesses operating in their estates.

Meanwhile, the governor reiterated that the county government would continue to offer relief to those who were affected during the February 1 incident.

On his part, Nairobi Senator Edwin Sifuna revealed that the Senate Energy Committee would demand a list of gas refilling plants in the country to ensure that there is enforcement of safety regulations.

The Embakasi explosion has claimed six lives and left over 300 people nursing injuries across various hospitals within the city.

Police, on the other hand, have apprehended the owner of the gas facility alongside 3 National Environment Management Authority (NEMA) officials. 

A manhunt has also been launched for two other NEMA officials and the two drivers who are accused of contributing to the explosion.

Residents fleeing the Embakasi area on Monday, January 5, 2023.
Residents fleeing the Embakasi area on Monday, January 5, 2023.
Photo
Justine

Embakasi Explosion: NEMA Suspends 4 Govt Officials After Ruto Order

The aftermath of the Embakasi gas explosion that claimed three lives and injured over 220 others on Thursday night, February 1, 2024.
The aftermath of the Embakasi gas explosion that claimed three lives and injured over 220 others on Thursday night, February 1, 2024.
Photo
Capital FM

National Environment Management Authority (NEMA) has suspended four of its officials linked to the Embakasi Gas explosion.

The four include the Director of Environmental Compliance and Acting Deputy Director of Compliance.

Two other officers from the Environment Impact Assessment (EIA) were suspended. These were the Senior Environmental Officer and the Head of Environmental Impact Assessment. 

Notably, the directive was issued after President William Ruto ordered the suspension and arrest of officials accused of negligence and issuing certificates of operation to the illegal gas plant.

President William Ruto during a consultive meeting with political leaders from Lamu County at State House, Nairobi on December 14, 2023.
President William Ruto during a consultive meeting with political leaders from Lamu County at State House, Nairobi on December 14, 2023.
Photo
PSC

"The Board further requests the relevant government agencies to commence an immediate investigation. The National Environment Management Authority's Management is also hereby directed to cooperate with the already established multi-agency teams handling the incident," the statement by Emilio Mugo, the Chairman NEMA Board of Management. 

"We wish to convey our heartfelt condolences to the Kenyans who lost their lives and wish a quick recovery to the injured," the board added.  

In its preliminary investigations, the board stated that the gas plant owners forwarded an Environment Impact Assessment project report to NEMA while seeking permission to install and operate the Embakasi facility. 

This report was submitted on July 29, 2020. Two years later, in April 2022, NEMA forwarded it to various agencies for sectorial review and comments to guide on the licensing process. 

Among the agencies consulted were the Energy & Petroleum Regulatory Authority (EPRA), the Director of Physical Planning - Nairobi City, the Water Resources Authority, the Directorate of Occupational Safety and Health, Nairobi City Water & Sewerage Company and the Director of Urban Planning and Development.

On July 28, of the same year, a review of the project was done and several issues were raised with NEMA asking the gas owners to address them before another scheduled review. 

NEMA sought clarity on the land ownership and asked the owners to provide evidence of undertaking consultation with immediate neighbours of the Nyayo Estate Residents Association. The proponents of the project respond vide documents dated August 22, 2022 and February 1, 2023.

"The Project Proponent submitted a comprehensive EIA report with potential impacts identified and mitigation measures proposed in the Environmental Management Plan. A record of the decision was made to issue the proposed project with an ElA licence," NEMA stated. 

It issued the licence with conditions that the owners ought to have met, including compliance with various laws in the construction of the LPG plant.

However, the NEMA Board highlighted gaps in the issuance of the license to the LPG plant in question. Further investigations revealed that the four suspended NEMA officers unprocedurally processed the license.

"The Board therefore directs that the implicated officers step aside immediately pending further investigation by the relevant government agencies," NEMA explained its decision to adhere to Ruto's directive. 

Firefighters at the Embakasi explosion on February 2, 2024.
Firefighters at the Embakasi explosion on February 2, 2024.
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Ministry of Interior