Three seek to be excluded from Sh25bn Sinai fire case
What you need to know:
- The National Environment Management Authority (Nema), Kenya Power Company (KPC) and Nairobi City Council of Nairobi on Monday told the High Court that they did not bear direct responsibility for the Sinai fire tragedy and should therefore be removed from the proceedings.
- The victims are seeking Sh25 billion.
- Nema told Mr Justice David Majanja that there was no connection between its mandate stipulated under the Environmental Management and Coordination Act and the claims made against it by the victims.
Three institutions want to be excluded from a case in which fire tragedy victims are seeking compensation for damages.
The National Environment Management Authority (Nema), Kenya Power Company (KPC) and Nairobi City Council of Nairobi on Monday told the High Court that they did not bear direct responsibility for the Sinai fire tragedy and should therefore be removed from the proceedings.
The victims are seeking Sh25 billion. Nema told Mr Justice David Majanja that there was no connection between its mandate stipulated under the Environmental Management and Coordination Act and the claims made against it by the victims. (READ: Established: Cause of Sinai fire tragedy)
No specific claims
There were no specific claims sought against Nema, said lawyer Edward Wabwoto.
“The petition is general and unclear to Nema. It is our conclusion that no case can be sustained against us and we should be removed from the proceedings,” Mr Wabwoto said.
Mr Kenneth Frasier, for the KPC, argued that the victims had failed to show any breach by the power company on its responsibilities.
“Supply is a contractual matter. Only persons who have entered into a contract for the supply and pay for the electricity consumed are entitled to supply,” the lawyer said.
The City Council through its lawyer, said it did not have any property interest on the land occupied by the victims since the land belonged to the Kenya Pipeline Company.
Ruling was set for December 4.
