Senators want action taken against Kenya Pipeline officials over negligence for the oil spill at Kiboko in Makueni county.
This after the Senate Energy committee established that the officers failed to monitor a protection system that had already been installed to detect leakage.
The Impressed Current Cathodic Protection System (ICCPS) provided early warning that the pipe material is thinning out as corrosion progressed.
The revelations emerged during the grilling of Energy and Petroleum Regulatory Authority chief executive officer Robert Oimeke.
Oimeke told the committee that the authority’s own inquiry into the cause of the spillage revealed that there was no evidence KPC had installed the monitoring system, thus could not forestall the leakage.
He said they have written a show-cause letter to the agency stating why stiff penalties should not be imposed on the firm.
The CEO said ICCPS is the only system that should have been relied on to detect the leakage in the absence of a multi-layer Leak Detection System.
KPC did not install a detector for the new pipeline constructed for Sh48 billion a year ago despite the initial design having provided for the system.
“EPRA has directed KPC to ensure the LDS is immediately installed to enhance easy identification of future points of leaks,” Oimeke said.
However, the committee put Oimeke to the task to explain why criminal prosecution should not be preferred against pipeline officials, especially the general managers in charge of Infrastructure, for failing to install the detector.
“On what basis was the clean bill of health given to the contractor and the project implementer? On a prima facie case, the idea of not having a leak detector was deliberate. The Directorate of Criminal Investigations should move with speed and probe criminal culpability of the officials involved,” Makueni Senator Mutula Kilonzo Jr said.
Maina questioned why Oimeke was letting the supervisors of the project go scot-free yet it was their duty to monitor the project and bear the cost of the loss.
“There was a consultant for the project. Why are you justifying the persons paid to oversee the project, monitor and provide technical advice on the project? KPC must bear the cost of the loss and not the taxpayer,” Maina said.
Migori Senator Ochillo Ayacko compounded troubles for Oimeke questioning why criminal offences were committed and instead of requesting the DCI to make further investigations and subsequent arrests, chose to write show-cause letters.
The offence is stipulated under the Petroleum Act 2019.
The committee directed EPRA to probe the roles played by local and foreign consultants as well as the contractor in the construction of Line 5 that leaked barely a year into use.
In particular, the committee wants EPRA to establish the culpability of the local consulting firm Kurrent Technologies and its partner Shanghai Little Engineering Company (SLEC) for failure to install leak detectors.
The senators also want actions taken against KPC as the project implementer for failing to provide clean drinking water to the residents of Makueni months after the spillage was noted and environmental impact assessment done.
Edited by R.Wamochie
