A section of the victims of the Embakasi gas explosion that claimed more than 12 lives and left hundreds with severe burns have gone to court, seeking compensation from the government for negligence.
Six victims namely Newton Mwaka, Kennedy Kyalo, Samuel Owino, Geoffrey Obegi, Kennedy Otieno and Alvin Mwendwa all residents of Mradi Area in Embakasi East Constituency have sued the Attorney General Justin Muturi, cabinet secretaries Davis Chichir (Energy and Petroleum), Soipan Tuya (Environment, climate change and forestry) Energy and Petroleum Regulatory Authority (EPRA), the County Government of Nairobi and the owner of the ill-fated gas tanker Mwangi Nguyo. They claim that their Fundamental Rights and Freedoms have been violated.
In the petition filed before high court judge Chacha Mwita, the petitioners demanded compensation for damages to their health, environment and for the loss of lives.
Reads the petition: “An order of compensation to the Petitioners for specific and general damages against the Respondents for the damage to the Petitioners’ health and environment and for the loss of life.”
It adds: “A Declaration that the Petitioners’ right to the highest attainable standard of health including accessible and adequate housing and to reasonable standards of sanitation as guaranteed by Article 43 of the Constitution and Article 12 (2) (b) of the International Covenant on Economic, Social and Cultural Rights and Articles 16 and 24 of the African Charter on Humans and People’s Rights have been contravened by the actions and/or omissions of the Respondents.”
Justice Mwita in his ruling ordered that the pleadings be served immediately, responses be filed within 14 days after service after which the petitioners will then have 14 days after service of the response to file and serve a supplementary affidavit if need be.
