The firm claiming ownership of the Embakasi gas explosion site has gone to court to appeal the suspension of its license.
The explosion killed at least seven people and injured more than 200 others.
Nonetheless, the legal battle between Derdols Tech Services Limited and Derdols Petroleum Limited against the Energy and Petroleum Regulatory Authority (Epra) has given a new dimension to the situation.
It is revealed that Epra had licensed the two entities trading as Maxxis Nanyuki Energy to fill liquefied petroleum gas and transport LPG and petroleum products.
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Derdors says in its action before High Court Judge John Chigiti that Epra informed it that its licenses had been suspended.
In court, the firm argued that the cancellation was made without giving it an opportunity to react to the claims leveled against it.
Derrick Kimathi, in his supporting affidavit, stated that he is the Managing Director of both firms.
He stated that on February 8, 2024, he received a show cause notice from Epra, days after the explosion.
In the letter, the regulator said that it discovered that the company was filling cylinders belonging to other companies.
Kimathi answered, stating that the organization had hired new employees unfamiliar with the procedure.
However, he stated that Epra sent another communication indicating that it had chosen to suspend the Maxxis' licence because of the explosion.
“ That is unlawful, callous, malicious and fraudulent for the respondent to make such a unilateral decision without notifying the ex-parte applicants. The respondents' actions are punitive and have adverse effects on the Ex- parte applicants' business,” he argued.
“There has never been any intentions from the ex-parte applicants to avoid and or evade and or in any way fail to honor their obligations and in particular those under the petroleum Act 2019,” claimed Kimathi.
