Court orders the reopening of 16 gas filling plants that were shut down following the explosion at Mradi, Kenya.

The High Court has ruled to reopen 16 gas plants that were closed following the tragic gas explosion in Embakasi’s Mradi area in February this year, which claimed seven lives.

Justice Lawrence Mugambi instructed the Energy Regulatory and Petroleum Authority (EPRA) to unseal the LPG storage and filling facilities of these 16 plants, provided their licenses are still valid. The plants listed in the court’s decision include Viji Filings Limited, Tydes General Merchants Great Lakes Commodities Limited, Tanga Logistics, Tanga Energy Solutions Limited, Power Gas Limited, Crescent Energy Limited, Pure Gas Limited, Gas and Lubricants Trading Kenya Limited, Sure Gas Energy Limited, Kendal Energy Solutions Limited, Mo Gas Suppliers Limited, Murimi Investment Limited, Gicomu Gas Limited, Hazina Energy Solutions Limited, and Instagas Limited.

However, the court did not extend the order to Juja Energy Limited, Viki Energy Limited, Milele Gas Limited, Max Gas Limited, and Topline Traders Limited. Justice Mugambi noted that notices of alleged criminal offenses had been issued against these five, warranting further investigation.

The court order will remain in effect until the Commission for Human Rights’ case challenging the closures is resolved. The commission had filed the case, contesting EPRA’s regulatory actions and the closure of these plants.

Justice Mugambi emphasized that while the Mradi incident highlighted safety concerns, it should not justify disregarding legal procedures in dealing with licensed operators. He urged EPRA to rigorously assess license applicants and enforce conditions that comply with legal standards, rather than reacting impulsively.

The judge underscored EPRA’s obligation as a regulatory body to uphold the rights outlined in Article 47, ensuring that administrative actions against licensees are efficient, lawful, reasonable, and procedurally fair.