Owner of deadly Embakasi gas plant detained for 21 days

He will be held at Embakasi Police Station alongside two Nema officials.

In Summary
  • Their detention is to allow for police to conclude the probe.
  • The three are the plant's owner Derrick Kimathi and, NEMA officials Joseph Makau and Marrian Kioko.

The owner of the killer Embakasi gas plant and two Nema officials will be detained for 21 days, the court has ruled. https://rb.gy/divqys

Four suspect in the Embakasi gas explosion tragedy. (left to right) Marrian Mutete Kioko, David Walunya Ong’are, Joseph Makau, and Derick Kimathi at Milimani law courts before principal Magistrate Dolphina Alego where the prosecution applied to detain them in custody for 21 days, to enable the police to complete investigations. They were before court on February 7, 2024./DOUGLAS OKIDDY
Four suspect in the Embakasi gas explosion tragedy. (left to right) Marrian Mutete Kioko, David Walunya Ong’are, Joseph Makau, and Derick Kimathi at Milimani law courts before principal Magistrate Dolphina Alego where the prosecution applied to detain them in custody for 21 days, to enable the police to complete investigations. They were before court on February 7, 2024./DOUGLAS OKIDDY

The owner of the killer Embakasi gas plant and two Nema officials will be detained for 21 days, the court has ruled.

Their detention is to allow for police to conclude the probe.

The three are the plant's owner Derrick Kimathi and, NEMA officials Joseph Makau and Marrian Kioko.

They will be held at Embakasi Police Station.

The third suspect, David Ong'are, will however be held for 10 days with a maximum of 14 days, owing to his medical condition.

He will be detained at Capitol Hill Police Station.

The court was on Tuesday supplied with his medical papers, which were however not made public.

"Most importantly, the first, second and fourth respondents will be held for the 21 days that the applicant had applied for. For the third respondent, the court has taken judicial notice that he has a delicate medical condition that will require delicate measures as he is being investigated," Alego ruled.

"This court is a human rights defender and as such, it orders that he be put in a police station near the hospital where he usually seeks his constant medication so that he can access his medical team at the soonest possible time in case of a crisis. Investigations commence with him so that he can be released within 10 and maximum of 14 days so that we balance investigations and his health."

Noting the peculiar nature of the matter, the magistrate asked that the investigations be done humanely.

"I beseech each all of us to allow the investigations to be done in the most humane and immediate possible way by the relevant authorities because we are either directly affected by this unfortunate mishap at Embakasi area," she said.

The state had requested 21 days to complete investigations on cases of murder, conspiracy to commit a felony, negligent act and abuse of office.

Following the ruling, the respondents' counsel led by Wandugi Kirathe requested the court to order that they be held at Capitol Hill Police Station.

This was however denied by the State.

Lead prosecutor James Gachoka noted that in their application for detention, they had well highlighted that they needed the four to be held at Embakasi Police Station.

The matter will be mentioned after the 21 days on February 28, 2024.

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