Derrick Kimathi, the businessman who claimed to own a garage at the site of Thursday’s gas explosion in Embakasi and three officials of the National Environment Management Authority (NEMA) have been arraigned before Milimani Law Courts.
Kimathi, Joseph Kamau, David Walunya Ong’are and Marrian Mutete Kioko appeared before Magistrate Dolphina Alego on Tuesday, February 6.
However, the suspects were not charged after the Directorate of Criminal Investigations (DCI) Embakasi region filed an application seeking 21 days to continue detaining them to enable detectives to complete the probe into the incident that claimed six lives and left over 300 people injured.
“The court be pleased to issue a custodial order that the four suspects be detained for 21 days from today at Embakasi police station in Nairobi to allow Chief Inspector Isack Tenai, an investigator attached at DCI Parklands complete investigations on the matter,” the court papers read.
The police say that they are investigating Kimathi and his co-suspects of various offences of murder, conspiracy to commit a felony and negligent act causing harm following an explosion that occurred within the premises of Maxxis Energy Nairobi Ltd in Embakasi Sub-county on the night of February 1 and 2,2024.
While seeking detention orders, the police told the court that the investigations into the deadly explosion are complex as there is a likelihood of more bodies being recovered from the debris and more victims recording statements.
“The multiple motor vehicles wreckage and LPG refilling plant equipment that were involved in the explosion have not been identified due to the complete damage occasioned by the incident,” Chief Inspector Tenai told the court.
The officer further sought to continue holding Kimathi and the three Nema officials saying that several buildings and structures were damaged and an assessment has not been done as the scene is yet to be declared as safe.
“Seven exhibits were thrown all over with some on top of the neighbouring buildings and they are yet to be removed. The scene of the offence is yet to be fully processed,” Tenai said.
The court further heard that preliminary investigations show that Kimathi and the three Nema officers were directly involved and have information which can aid in investigations.
The officer said the suspects were not available at the preliminary stages of the investigations as they were in hiding.
“After their arrest, the respondents informed DCI’s investigators that there are other suspects who are yet to be identified and traced for statement recording,” Tenai stated.
“The DCI is as such handicapped and could not finish the investigation, including collection of all the evidence and arrest of all the suspects in run, within a short period.”
He opposed the release of the suspects on bond terms pending probe, saying they are likely to jeopardize investigations where the investigators have not been able to track down other suspects who are on the run
