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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.

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.

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Justine

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.

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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.

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Ministry of Interior

President William Ruto has ordered the dismissal, arrest and detainment of government officials who issued licences to the gas filling plant that exploded in Embakasi on Thursday night.

Speaking during the groundbreaking ceremony for Chekalini Market in Lugari, Kakamega County, Ruto explained that the gas filling plant was operational contrary to the law. 

He added that unscrupulous government officials issued permits to the gas dealer to conduct business in a residential area hence endangering Kenyan lives. 

The president thus demanded the dismissal and arrest of the government officials within 24 hours to face charges levelled against them. 

Embakasi residents watch the aftermath of the gas explosion on February 2, 2024 (left) and the explosion caused by a gas tank (right).

Photo

Brian Murimi

"In Nairobi, there was an explosion causing grave injuries to many people because of laziness, deceit and corruption in government offices. Some granted a licence for the plant to be established at a residential area endangering the lives of Kenyans," Ruto stated.

"I have instructed the Ministry that those responsible for granting the licence should be fired, arrested and detained today," he added. 

The President further claimed that government officials received bribes to turn a blind eye to the law, which consequently led to the Thursday night explosion that claimed three lives and injured over 280 others. 

"They (gas filling plant owners) were instructed not to establish the facility but due to bribery and lack of discipline, the licence was issued and now we have a problem in our hands," the head of state revealed. 

Ruto's directive came hours after Energy and Petroleum Regulatory Authority (EPRA) boss Daniel Kiptoo confirmed that the gas filling plant managed other facilities in Embakasi and Nanyuki.

Kiptoo added that EPRA officials raided the facility in Nanyuki and arrested the staff. It was further established that the facility was only licensed to operate as an LPG gas transporter. 

Director-General Kiptoo added that the gas-filling plant's application for establishing the facility in Embakasi was rejected three times as it did not meet the stipulated safety measures. 

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

PCS

Ministry of Interior

The Ministry of Education has directed all parents or guardians whose learners are in national schools to make payments through the eCitizen platform.

This is in line with the government's directive to consolidate all platforms through the pay bill number 222222.

Speaking to Kenyans.co.ke, a top-ranking official at the Ministry confirmed the directive and highlighted that it will only affect national schools in the meantime.

The government will then assess the pilot project, and assess gaps and other improvement areas before other schools are onboarded. 

Education CS Ezekiel Machogu (right) and his PS Belio Kipsang.

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Education Ministry

In a circular sent to all principals of national schools, Basic Education Principal Secretary Belio Kipsang instructed them to provide the details of the institution's bank account details to facilitate the onboarding process. 

"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."

Principals were asked to submit key finance information to the office of the Director General, State Department for Basic Education before February 6, 2024. 

Among the information needed were the details of all bank accounts managed by schools in the following format. 

ACCOUNT NAME:
BANK:
ACCOUNT NUMBER:
BANK CODE:
BRANCH CODE:

The government will advise parents on how to pay for school fees once all bank account details are collected. 

"Please ensure that the aforementioned information is submitted to the Office of the Director General, State Department for Basic Education not later than February 6, 2024, on email dg@education.go.ke and copy to sa.basic@education.go.ke."

This is aimed at increasing the number of new users who sign up to eCitizen in addition to the existing 11 million who utilise the service daily.

In June 2023, President William Ruto directed all pay bills to be consolidated to reduce graft tendencies fostered by physical interactions in government offices. 

President William Ruto speaking at State House, Nairobi during the 10th Inter-Governmental Summit on December 18, 2023.

PCS

The Ministry of Interior and Coordination jointly with the Ministry of Energy and Petroleum on Friday directed that a fresh risk assessment be undertaken for all gas plants in the country with the view of closing all non-compliant sites.

CSs Kithure Kindiki and Davis Chirchir further ordered the demolition of all illegal Liquefied Petroleum Gas (LPG) sites through the Multi-Agency Rapid Results Initiative.

"Immediate rollout of Government LPG growth strategy which includes the development and implementation of a track and trace the framework for LPG cylinders to improve traceability and accountability," read part of the statement by the Ministry of Interior.

"Our teams will fully collaborate with other Government agencies to investigate this incident and prosecute any persons found in breach of the law."

A retailer sitting close to his cooking gas cylinders on Friday, July 28, 2023.

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EPRA Kenya

Other measures included the immediate rollout of the Government LPG growth strategy which includes the development and implementation of a track and trace framework for LPG cylinders to improve traceability and accountability.

The CSs also ordered punitive administrative measures for all LPG operators found filling cylinders without the written authority of the brand owners.

Government operatives were also directed to strengthen the LPG data verification framework to improve accountability by players in the sector.

The last measure was the enhancement of public awareness and sensitisation programs to promote LPG safety. 

"We shall hold Nationwide LPG Stakeholder workshops to strengthen the policy and regulatory framework in the LPG sector," the duo stated. 

Investigations Into Embakasi Explosion

Kindiki and Chirchir confirmed that three people died and over 200 were injured in the Thursday night explosion.

The duo established that three applications were made to EPRA for a permit to construct an LPG storage and filling plant on separate dates, March 19, 2023, June 20, 2023 and July 31, 2023. 

However, EPRA rejected all three applications at every instance for not meeting the set criteria.

In March 2020 and January 2021, the plant was illegally constructed at the said location but was demolished by EPRA and the operators charged in court.

"Preliminary findings indicate that on the fateful night, the refilling of LPG cylinders was done using direct manifold connections to the LPG tanker increasing the risk of leakage and explosion," the duo stated.

"We wish quick recovery to the injured and send sincere condolences to those who have lost their loved ones," they stated. 

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

PCS

Ministry of Interior

The Energy and Petroleum Regulatory Authority (EPRA) has denied granting a licence to the gas filling plant at the centre of the explosion incident at the Mradi area in Embakasi on Thursday night. 

In a statement, EPRA explained that it rejected three applications for construction permits as the owners did not meet the criteria for managing a Liquefied Petroleum Gas (LPG) plant. 

According to EPRA, the proposal was rejected due to its proximity to residential areas, which violated its regulations.

"Applications for construction permits for a Liquefied Petroleum Gas (LPG) storage and filling plant at the site were received by EPRA on March 19, 2023, June 20, 2023, and July 31, 2023. All applications were rejected as they did not meet the set criteria for an LPG storage and filling plant in that area," the statement read in part. 

Embakasi residents watch the aftermath of the gas explosion on February 2, 2024 (left) and the explosion caused by a gas tank (right).

Photo

Brian Murimi

"The main reason for the rejection was the failure of the designs to meet the safety distances stipulated in the Kenya Standard."

Further, the Authority requested the owners to submit a Qualitative Risk Assessment, outlining the radiation blast profiles if an explosion occurs. 

The blast profiles are simulated using computer software and indicate the effect of a typical blast in terms of heat radiation and tremor/vibration and are useful in reviewing the safety of the surrounding areas.

EPRA explained that the LPG plant did not adhere to the guidelines as it never provided the requested QRA. 

While detailing the necessary actions, EPRA pointed out that it had formulated short and medium-term measures to ensure the safety of all LPG plants in the country. 

"This is through actions such as undertaking detailed technical audits of all licensed LPG plants in the country to ensure high safety integrity status in terms of Health, Safety, Security and Environment (HSSE)."

EPRA highlighted that administration actions are always taken to ensure operating licences for all plants rated below the high safety integrity status are revoked. 

"In addition, surveillance and enforcement actions are taken including demolishing illegal plants operating across the country and curbing malpractice in the sector."

The explosion in Embakasi has gained nationwide attention after the incident claimed three lives and 270 casualties. Following the incident, the public questioned why the gas filling plant was operational despite being close to residential areas. 

A photo collage of the explosion at Mradi area in Embakasi on February 1, 2024.

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Police have arrested a watchman linked to the Embakasi gas explosion that has so far claimed three lives and injured over 220 others. 

DCI detectives made the arrests minutes after they were given 48 hours to investigate the case. 

Police stated that the watchman was in charge of guarding the premises where the lorry loaded with gas that exploded was stationed. However, DCI has yet to state the charges preferred against the watchman whose identity is still unknown. 

Reports further indicated that two mechanics were also linked to the case, with residents alleging that they caused the fire that led to the explosion. 

A screengrab of a fire outbreak at a gas company near Kabansora in Embakasi, Nairobi on Friday, February 2, 2023

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The embattled residents claimed that they detected the scent of leaking gas at around 10 pm, while the mechanics were repairing a car that had broken down in the vicinity. 

Alarmed by the leaking gas, they allegedly warned the mechanics against jump-starting the car as the sparks would have caused a fire. 

It is yet to be clear whether the mechanics were the sole cause of the fire as alleged as DCI detectives are yet to trace their whereabouts. 

The inferno was reported on Thursday night after a gas explosion occurred near a residential area in Embakasi. 

Some residents faulted the National Environment Management Authority (NEMA), noting that concerns raised to the authority regarding the gas facility polluting the air in the area were ignored. 

"You can imagine the last two months I lived in that house, I didn't step onto my balcony or even open the windows of my house. I couldn’t handle the smell of the gas anymore," a real estate specialist living in the area stated. 

Hundreds of victims were rushed to Mama Lucy Hospital and Kenyatta National Hospital (KNH) for medical treatment. Government Spokesperson Isaac Mwaura later urged members of the public to keep off the area to allow the rescue mission and investigations to be carried out smoothly. 

Nairobi Women representative Esther Passaris, responding to the tragedy, further vowed to help the affected and rallied wellwishers to donate blood at various hospitals. 

Governor Johnson Sakaja has also promised that Nairobi County will waive all medical fees for the Embakasi fire victims, as the distribution of relief items to help those affected kicks off. 

Passers-by watch as fire razes businesses at City Stadium, Nairobi on Tuesday, January 30, 2024

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The High Court of Nairobi has declared the deployment of National Police Services (NPS) officers to Haiti as unconstitutional.

In a ruling issued by High Court Judge Chacha Mwita on Friday, it was noted that the National Security Council and NPS do not have powers to deploy police outside Kenya.

Mwita made the ruling following an application made by Thirdway Alliance Party leader Ekuru Aukot who wanted the court to block the deployment stating that it was illegal. 

"To be clear, Article 240 does not mandate the Council to deploy police officers outside Kenya. Deployment should be as provided for in part 14 of the Act and only to a reciprocating country," he ruled.

President William Ruto addressing a crowd in Nakuru County on January 23, 2024

PCS

"It is not contested that there is no reciprocal arrangement between Kenya and Haiti and for that reason, there can be no deployment of police to that country."

The judge acknowledged that Kenya's offer to help mitigate a humanitarian crisis in Haiti was noble, however, he maintained that such deployment needed to be undertaken in accordance with the Constitution of Kenya.

"An order is hereby issued prohibiting the deployment of police officers to Haiti or any other country otherwise than any compliance with part 14 of NPS Act," he stated.

Aukot filed his petition in court after Parliament approved the deployment of 1,000 officers to the Carribean nation. Kenya had offered to lead a peacekeeping mission in Haiti which has witnessed an upsurge in gang violence.

President William Ruto, who was among the biggest pushers of the deployment, stated that the move was informed by Kenya's obligations to the international community.

Notably, the move by Kenya was warmly received by the international community with countries such as the United States offering Ksh14 billion and other logistic support.

The deployment of the police was also approved by the United Nations Security Council in October 2023. Following the ruling, it is not yet clear whether the government will be moving to the Court of Appeal.

Ruto had also not responded to the ruling at the time of publication.

Director General of the Haitian National Police, Mr. Frantz Elbe on December 13, 2023 During a courtesy call with Inspector General National Police Service, IG Japhet Koome, at NPS Headquarters in Nairobi.

Photo NPS

The Court of Appeal, on Friday, ordered the government to halt Housing Levy deductions until cases filed against the programme are heard and determined. 

In its ruling, the three-judge bench consisting of, Justices Lydia Achode, John Mativo and Mwaniki Gachoka ruled that the housing levy remains suspended as declared by the High Court. 

It also ended the deduction of the charges after the window granted to the government to collect the money ended on January 26. 

As such, the judges argued that it would be unfair to deduct the money as it could not predict its final verdict. If found unconstitutional, the process of refunding the money would complicate the case. 

Entrance to Milimani Law Courts, Nairobi.

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The Judiciary of Kenya

Housing Levy was also found to have targeted a section of Kenyans, only those with payslips, a process which the court argued was unjust. 

"The trial Court held that the Housing Levy was introduced without a legal framework. It also held that the levy was targeting a section of Kenyans. In our view, the public interest lies in awaiting the determination of the appeal. 

"This is because if the stay sought is granted at this stage, should the appellate Court affirm the impugned decision, then some far-reaching decisions that will have been undertaken pursuant to the impugned laws may not be reversible. Public interest in our view tilts favour of in not granting the stay or the suspension sought. Public interest tilts in favour awaiting the determination of the issues raised in the intended appeals," the judges ruled. 

Furthermore, the judges ordered four consolidated appeals to be heard as soon as possible to allow issues raised in the appeals to be resolved. 

On January 3, 2024, the appellate court upheld the status quo regarding the levy’s collection until the aforementioned date when a decision will be made.

"The ruling on these consolidated applications will be delivered on January 26, 2024. In the meantime, the status quo obtained as of today shall be maintained until the delivery of the ruling," the Court of Appeal noted in a judgement delivered on January 3, 2024.

In the January 3 ruling, the three-judge bench heard from the state which argued that failing to grant orders to stay the High Court decision would lead to unimaginable consequences.

In its judgment on November 28, 2023, the High Court had declared the housing levy unconstitutional citing discrimination as the funds are being remitted by Kenyans in formal employment only.

It however allowed a state prayer to grant stay orders on the ruling until January 10, 2024, pending an appeal.

A photo of the Court Bench

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The Judiciary of Kenya

President William Ruto and Chief Justice Martha Koome on Monday, reached an agreement, ending their weeks-long feud, where they struck an agreement that will see the three arms of government work in unison to eradicate corruption.

According to a statement, released by the Statehouse Spokesperson, Hussein Mohammed, the meeting between Ruto, and Koome attended by senior government officials reached several conclusions.

Per the statement, the leaders present at the meeting agreed that corruption is a major problem across the three arms of government hindering service delivery.

 "Corruption remains an existential threat to the nation which has permeated the three arms of Government, undermining our country's tremendous development potential and sabotaging the much-needed transformation of our nation", read the statement in part.

President William Ruto, Chief Justice Martha Koome, Speaker Moses Wetangula and other government leaders pose for a photo after meeting at State House on January 22, 2024

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Anne Waiguru

Judiciary Funding

The Judiciary scored a huge win from the meeting after President William Ruto agreed to CJ Koome's request for increased budgetary support.

As outlined in the statement shared by Hussein Mohammed, the extra funds will facilitate the recruitment of an additional 25 Judges of the High Court.

The money will also facilitate the recruitment of 11 new Judges of the Court of Appeal. Similarly, part of the money will also be channeled towards the Judiciary's vehicle leasing program to support the judiciary's transport needs.

Formulation of Policies to Tackle Corruption

The meeting also slapped a 30-day ultimatum on the leadership of the three arms of government to submit proposals made to a forum of the National Council of the Administration of Justice (NCAJ) convened by CJ Koome. 

The forum is expected to be a roadmap for the immediate, medium-term, and long-term measures to be undertaken to fight corruption in the three arms of government.

In line with this plan, the leaders of the three arms of government agreed to formulate policies to fight corruption and enhance service delivery to the Kenyan people.

The meeting was concluded with the three arms agreeing to perform their functions in a manner that respects, promotes, and enhances the rule of law, institutional independence, and respect for court decisions.

Notably, the truce comes after rising tensions between the Judiciary and the Executive, where it was perceived that the Judiciary was under attack by the Executive. 

The President had previously committed to bypass court orders to push the government's agenda, while the Deputy President Rigathi Gachagua had committed to present a petition calling for the removal of Justice Esther Maina before shelving the plan.

Chief Justice Martha Koome (left) and President William Ruto (right) with his deputy Rigathi Gachagua.

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JSC/ DPPS