The Environment Institute of Kenya on Friday said there is need for agencies to work together to avert disasters such as the gas explosion that occurred in Embakasi's Mradi area last Thursday, and has so far claimed seven lives.
“We need to collaborate, coordinate, and manage ourselves as teams so that we know what to place where. Hazardous materials should not be put in residential areas,” Prof Ratemo Michieka said.
Michieka said it is sad that lives have been lost due to the disaster.
Other officials of EIK that attended the meeting that sought to unravel what transpired include Apopo Lentana, Suresh Patel, Dr Purity Muthoni and Ronald Kimtai.
EIK’s mission is to empower its members and promote professionalism in environmental governance towards sustainable development in Kenya.
The institute sets, maintains, promotes, and improves standards in the conduct of environmental assessment and other relevant tools in environmental management.
Michieka, who previously served as National Environment Management Authority director general, said there is a need to learn from mistakes and seal the loopholes that might have contributed to the disaster.
“Everybody should be alert to the dangers from the ward level, county level, to the whole country.”
Michieka challenged the county government to ensure zonation is adhered to.
“Zonation should show where churches should be the same as petrol stations. That is left to the county government, they are the ones who know where to put water, schools, and others,” Michieka said.
Lentana echoed Michieka’s sentiments, saying the county government of Nairobi has a huge role to play.
“The county government has a big role to play in terms of the public safety of mostly hazardous substances that are guided by rules that were set by Nema. The rules regard the handling of hazardous substances, storage, and even dispensing to the public,” Lentana said.
The professionals said key agencies such as Nema, EPRA, the Director of Physical Planning, the Water Resources Authority, the director of Occupational Safety and Health, Nairobi City Water and Sewerage Company, and the director of Urban Planning and Development must work together.
This happens even as new information shows that the killer LPG storage and filling plant in Embakasi might have been operating without the requisite clearance from authorities.
Information in our possession shows that there were many irregularities in the establishing of the plant.
The National Environment Management Authority received and processed an Environmental Impact Assessment project report for the proposed installation and operation of a 10-ton LPG storage and filling plant.
The project was to be installed on L.R. N0. 9042/146 in Nairobi’s Embakasi, off North Airport Road in Nairobi county, by Maxxis Nairobi Energy.
The project design comprised an LPG tank farm of 10 tonnes capacity, a filling plant with seven weighing scales, a cylinder loading and offloading bay, an LPG tanker offloading bay, an office, ablution blocks, and firefighting systems.
The owner of the project is Derdols Petroleum Limited, operating under business registration No. BN-JRCGALMM.
The EIA project report was submitted to Nema on July 29, 2020, by the proponent.
Nema dispatched the EIA report to relevant lead agencies for sectoral review and comments as per regulations.
The authority dispatched copies of the report to EPRA, the County Physical Planning Officer, the Water Resources Authority, and the County Director of Environment on July 29, 2020.
Energy and Petroleum Regulatory Authority on September 24, 2020, via letter EPRA/PG/22/5145/ET, in its review of the EIA for the project raised a number of issues.
EPRA said the EIA report provided was inconsistent with the proposed project.
“The proponent has not provided a detailed site layout plan and design drawings as required by KS 1938-3:2021,” EPRA said while reviewing the project.
EPRA raised concerns that there was no change of use approval from relevant authorities.
It said the proponent also did not attach land ownership documents in the form of a title deed or lease agreement registered at the land registry.
EPRA said the environment management plan provided was not enough and that there was no adequate evidence of public participation.
Interestingly, there was no detailed emergency response plan for the proposed project.
Following the review, EPRA made a number of recommendations.
On October 7, 2020, a site inspection was undertaken, and it was observed that the area was of mixed use—industrial and residential.
The industrial complex comprised various manufacturing plants, storage facilities, and garages.
It was recommended that the proponent obtain user approval from relevant authorities and provide comprehensive public participation with immediate neighbours, the Nyayo Estate Residents Association, and approval from EPRA.
On October 30, 2020, Nema found out that the report was unacceptable and inadequate.
This was after a technical review of the EIA project report.
The authority tasked the proponent with preparing a new EIA project report as per the Environmental Management and Coordination (Impact Assessment and Audit) Regulations of 2003.
Nema asked the company to ensure the new report covers issues raised by EPRA.
On April 21, 2022, Maxxis Nairobi Energy resubmitted a fresh EIA report.
Nema received the report by acknowledging it via letter Ref: NEMA/NRB/PR/5/1/17074 (PSR 31337) dated April 21, 2023.
On April 25, 2022, the fresh EIA report was dispatched to lead agencies for sectoral review comments.
Some of the agencies that got the report include EPRA, the Director of Physical Planning, the Water Resources Authority, the director of Occupational Safety and Health, Nairobi City Water and Sewerage Company, and the director of Urban Planning and Development.
A review of the project was done, and some issues were again raised.
The owner of the plant was tasked with clarifying the relations between the registered landowner, known as Charles Lilechi Lugano, Alice Maina Marugati (beneficiary), and Austine Lugano, who executed the land lease as a landlord registered with the Registrar of Lands on September 16, 2020.
The proposed plant owner was also supposed to provide evidence of consultations with immediate neighbours and the Nyayo Estate Residents Association.
The owner of the proposed project responded to the issues raised on July 28, 2022.
